IN THE CERCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR MONTGOMERY COUNTY, TENNESSEE CRIMINAL DIVISION STATE OF TENNESSEE PLAINTIFF, OTIS LOYOLA and PENSELYNN LOYOLA DEFENDANTS. CASE NUMBERS: 41201263 and 412009i? The Honorabie John H. Gaeaway, March 13, 20104 sentencing hearing Rita Moretti Scruggs Certified, Licensed (#158) Court Reporter 19th Judiciai District CTarksviTTe, Tennessee 37040 COPY A A A 8 Ms? Kimberiy Lund Assistant District Attorney 19th Judiciai District, Tennessee 37040 on behaif of the State, Mr, Eric Yow Attorney at Law 215 $rank1in Street C13rk3vi11e, Tennesgee 37040 on behaif of Mr. Otis Loyoia. Mr. Charies Bioodworth Assistant Pubiic Defe?der igth Judiciai District Tennessee 37040 on behaif of Mrs: Penseiynn Loyoia. I OTIS LOYOLA Direct Examination Cross-Examination. I I Presentence report - Otis Loyo1a Presentenoe report a Penseiynn Loyoia. Written unsworn statement. 06 12 05 05 14 WM (DECKCOURT: Yew, Ms. Lend. A11 right. Mr: GENERAL LUND: Yes, sir. THE COURT: Mr. ?a who is it, Mr, BToeeworth? Yes. {Defendants enter the ceurtreom) THE COURT: 1s the matter of state of Tennessee vs LoyoTe and Pense1ynn Leyo1a under ease nemners 4%1201253 and 41200917. Mr. And Mrs: Leyo1e are present in the oeurtroem. They are here teday fer senteno1ng. They are represented by oounse1. he, Loyo1a is using an interpreter. Wouid you re1se yeur hand, o1eese. Would yoe stand and raise year right hens, piease? the interpreter, Mr. Ne1eer, was sworn to trans1ate the proceedings) Let me THE COURT: Thank you, Mr. Netper. get you to right here. Just above your name, Thank yous The reTevant history of these eases 1s es fottews: A bench tr1e1 was conducted on ?anoary the 2?th 2014, it continued on into January 28, 2014 and oentineed eiso into January 29, 2014, after which time tne Sourt rendered a verdiot 1n the matter of state verses LoyoWa, The Court found Mr. Loyo1a guitty under count one of aggravated oh11d negTect and the Court feand Mr. ieyo1e gu11ty under count twe ef aggravated ohiid abese. As to Penselynn Loyola, the jery found Mrs. Loyoia guiity excuse me, not guilty -- Tet me start over. Found Me. Loyoia guiity under count one of aggravated ohiid negieot end not guiity in count two. The Court is in receipt of reporte as to each Defendant. is there any objection to the Court receiving the presentence reports into evidence as prepared? GENERAL LUND: No, Your Honor. MR. BLOODWORTH: None with respect to Mrs. Loyoia, Your Honor. MR. vow: No, Your Honor. THE Then the presentence report as to Otis Loyoie is marked exhibit one and the report with respect to Mrs. Loyoie is marked as exhibit two. Does the State wish to offer any additiona] evidence? GENERAL LUND: No, Your Honor. THE COURT: Does the Defendant Otis Loyoia wish to offer any additionai evidence? MR. YOW: Yes, Your Honor. THE COURT: You may proceed. MR. YON: :We'd ca11 Mr. Loyoia to the stand. QIIS LOYOLA, wee to testify, and having been duiy eworn, was examined and testified as foiiowe: mkmNAme??i??hmM?h THE COURT: Before we get started with the examination I?m toid by my court reporter that I used the word jury. That I eaid that Mrs. Loyoia wee convicted by a jury. which. of course, is incorrect. are. Loyoia was convicted by the Court in a bench triai. She was ooavicted under couet one of aggravated ohiid hegieot ahd found hot guiity ae to count two. Ahd I don't think I said it with respect to Mr. Loyoia, but in the event that I did, iet me repeat that the Court cohducted a bench triai with respect to him as wet]. It was the same tria1 for both Defendants. And Mr. Loyola was convicted by the Court under count one of aggravated chiid negiect and convicted under count two of Yew. aggravated chiid abuse. A11 right. Mr. MR. Thank Your Honor. DIRECT EXAMENATION BY MR. YOW: Q. What is -- state your name for the record. Qtis Loyoia, Senior. A Q. And wouid you your name for the record. A Loyoia, Okay. And do you understand why we are here today? A. Yes, sir. Q. Okay. You understand this is a sentencing hearing, correct? A. Yes, sir. Q. You understand that the Court, as his recitation demonstrated, has aiready convicted you of two oiass A te1onies. Do you understand that? A. Yes, sir. Q. And do you understand that the otass A feiony of ohiid -- aggravated ohiid abuse is a and both A feionies are to be sentenced between 15 and 25 years? Do you have an understanding of that? A. Yes, sir. Q. And do you have an understanding that aggravated Chiid abuse is a 100 percent sentence? Have I exoiained that to you? Do you understand that? A. I just you just to1d me that now. Q. And do you understand that absoiute best case scenario today the Court oouid sentence you to 15 years? A. Yes, sir. Q. Now, if you wouid, te11 us when you came to the United States. A. I came to the U.S. in 2000 ?w 2005. Q. And how iong were you here before you uitimateiy joined the United States Mtiitary? A. Two-and-a-hatf years. Q, And did you join the Uoites States in 2007? A: Yes, sir. Qt Okay. And how iong did you serve in the United Stetee A: Six years, air. Q. But for this a11eged misconduct, which oitimateiy got you iees than an honorabie discharge, had you ever had any dieoipiioary history in the A. No, eir. Q. Bid you perform a11 of the duties that were required of you in the A. Yes, sir. Did you do any tours overseas? Yes, sir, I did two toure, air" And where were those? Afghanistan, sir. And did you receive medais and honorary honors of accommodation of sorts? A Yes, air. 0. Okay._ And are you married to Mrs. Loyola? A Yes, sir. During the time that you were married and are married to Ms. Loyola did you have chiidren? A. Yes, sir. Okay. How many ohiidren did you have with her? A. Yes, sir. How many children did you have with her? A We we had two. sir. Q. And did she 3130 have another ohiid that you parented as weii? A. Yes, sir. Q. Okay. So in your home, before yeu incarcerated, how many chiidren were in your heme? A. Three of them. Q. And had you parented them at times that you were in {hat home? A. Sometimeef sir. Q. Gkay. Did your wife work out of the home? A. No, sir. 0. Okay. Were you the primary caregiver ?w or provider for the home? A. Yes. Q. Okay.E Nae yours the oniy source of income for the home? A. Yes. The Army, yes, sir. Q. During your time here in the United States or eisewhere had you ever been convicted of any crime besides this? emanation you have any aott of nietory, aitegatione of orimina? hiatoty or oonviotione of history? 1 7 A. Q. You understand that you have been Charged and convicted of aggravated ohiid abuse and aggravated oatid negieot of what was your five-weekuoid ohiid? Do you understand that? A. Yes, Q. Okay. How does that make you feei that that ohiid Suffered what the 1aw wouid eerioua oodtty iojury? A. I teei ?w I don't i'm not happy about tt, but 1 feet I feel sorry for my Kids beoause I?m here and they?re out there and, you know, I I ?a ever ainoe I was in the Army I was going to get out, but the why reentieted two yeare ago because I ?w I reatty want thee to have a good 1ife; I want them to succeed. And Eike right wow they?re out there; I don't know, ten years from now, five yeara, I don't know how they going to eod up with, you know, peoete that am I don't trust anybody etae with my kids. Q. You seem to be identifying some of remorse. How you describe to the Court your remorse for the things that have happened? A. I wouid give anything juet to Change what happened or, you know, so right now my kids oouid be in the OEOOKICBUEQQJN-A 11 home and have a good future. That's I wouId do anything juet -- just to Change that. 0. Okay. A. For whet happened in the past. Q. Are you sorry for the things that have happened? A. Yes, sir. Q. When you first noticed that your ohiId was affIioted with this -- what the Iaw wouId serious bodin injury, is it accurate to say that you took immediate etepe to get him medicei heIp? A. Yes. Yes. I wouid say I wouId say, yes, sir. Yes. Q. Did you immediater go to the hosoiteI with him? I A. Yes. That's the first thing I did, yes. sir. Q. Ukay. I ehouId have addressed this a moment ago, but whiIe were_you were in the miIitary. were you a hard worker? A. Yes, sir. I work moet of the time. Most of the time I do mu I do Iess 1ike I spend time sitting in one pIece. I 1ike I Iike to go out there and work. I IiKe to do stuff that nobody went to do. because -- because I want to get job done and go go back to see see my femin. i2 MR. YGW: Okay. Thaok you. THE COURT: Ms. Lund, crosswoxamihation. GENERAL LUNE: Yes, sir. BY GENERAL LUND: G. Mr. Loyo1a. in the mi1iiary you?ro taught to fight for others, right? A. Say what? Q. In the you're taught to fight for others, correct? A. Yes, ma'am. Q. And you're taught to oaro for othoro, for tho woiiboing of others, correct? A. Yes ow yoo, ma?am. Q. But you didn?t do that for your yory own son, did you? A. I wouid I did I did the best 1 Q. And, Mr. Yow referred to this as miSoonduot, but you understand that your Chiid 31most died booauso of your actions and your wife's actions, correct? A. Yes. Q. Now, you said Mr. Yow characterized your statemoots as remorse, out what you foe1 sorry for is that you're in jaii and your chiidren are not with you? correct? Yes. And for everything that we went through. Q. For everything that you went through. The things that Otis, Junior woot through mm A. Yes, that?s What I mean. Everybody. Q. Those things are because of your wife and you, correct? A. Yes, ma?am. GENERAL LUND: A11 right. No further questiono. THE COURT: Anything further of this witnoso, Mr. MR. No, Your Honor. Thank you. THE COURT: Thank you, Mr. Loyoia. You may Stop down. Mr. Yow you do you wish to offer any additionai evidence? MR. YON: No further proof, Your Honor. THE COURT: Mr. Bioodworth, Go you wiSh to offer evidence on beha1f of Ponsoiynn Loyoia? MR. BLOODWORTH: Yes, Your Honor. Firot, I wouId ask the Court to take notice of the statement that oho prepared and woo in tho prosootenoo report. THE COURT: Is that ?ofendant's version? MR. BLOODWORTH: Yes. THE COURT: Yes, I have it. 14 MR. BLOODWORTH: A11 rights Defendant*s version, pegs three of the repert, eerryieg ee to page fear. I weu1d simety eete thet this by the Defendant tote11y without my knewWedge. I leereed about it etter she had e1ready sent it te the prebettee officer. thtek that same directty from her wttheut assistance of The Defendant has esked to make as unswern stetemeet ts the Ceurtx Because Eng1tsh is net her ertesry tenguage she?s reduced it to writing. I wou1d esk her to reed, think can read this to the Court, Ms! Leyete, pieese some torwerd. MS. LOYOLA: Your Hener, I em hurting very deepty e11ewing this abuse to my um happen to my ch?id. When I first came to America I wes sever taught the tees, edstem of or of right an Americas My husbeed teek teTT possession et me and my life. He physiceiiy and mente11y abused me. Made me seteiy dependent on him. wee set eitewed to tesve my home without my husband here with me. I was not atiewed to ta1k or speak to my neighbors er ether fsmtiy members er friends. My eht1e wesn?t the enTy see subjected to the abuse administered by my husband? I Wave my Ch11dren very mesh and it eeuid tern seek the hands of time I weu1d have a better job er protect my ehi1dren. I am very sorry fer a1tewing this :0 happen. lam not a monster or a bad mother, end I em memeeekiog you, Your Hoeor, give me eneiher io prove to myeeii and my oniidren that I greet mom, end 1et me freedom. I doeit mm I do not went to my ohiidren. 1 need they beck, ?a your Honor. MR. BLOODWORTH: I wouid ask the ietter be made an exhibit to the eentenoing hearing, Your Honor, THE Motion grenied? Receivee end marked three. {Exhibit eomber 3 wee marked for identification eed received inio evideeoe) MR. BLOODNORTH: No other proof oe eeheii oi thie Defendant, Your Honor. THE COURT: Let?s go over the mm me just eeoond. Letfe go over the and make eere we're in agreement ebout the potentiei puoienment. Aggravated ohi1d negieot is codified at 39wi?w402, and when it invoivee ohiid under eight yeere of age it is o1ese A ieiony, e9 you a11 agree to that? GENERAL LQND: Yes, Your Honor. MR. Yes, Your Honor. More oommoniy referred to es ?eiiey?s 1ewe THE COURT: And as feiony it hes a range of punishment of 15 to 25 yeare for range one Standard offender. And as far ee eiigibi?iiya i take it, this is 30 percent ie it met? wheeze GENERAL LSND: Aggravated chiid Neg1eet. negteet ted yea, e?rg THE COURT: That's weat I meana aegieet GENERAL LUND: Yea, e?r. MR. BLOODWORTH: With reepeet to Ere? Loydia? she ?e a range one standard offeeder, and eubjeet to a presumptive 39 percent if range one. THE COURT: end she is range enea ta ehe net? MR. QLOODWORTH: Yes. The Siate fited ea enhancement notice. We wi11 be asking the Caert in a few moments ta seasider mitigated etatuev THE QOURT: A11 right. MR. BLOODWORTH: We'11 make that in argument: COURY: With respect to Leyeia. he was convicted of both Chi1d ?e aggravated ehiid neg?eet ane aggravated Ch?id Aggravated enin neglect, as we aay, is a e1aee A feTeny with a range of puntenment of 35 to 25 years range for a dne Standard effenderi and the preaumptive re1eaee efig?b11?ty date is 30 percent. Aggravated eni1d I beiieve, of it?s a Ciase A fe1eny, range Of 15 to 25 yearsv But is it it's a ?00 eervice. MR. BLGODWORTH: Under 40?35?561, Your Henorg it's what I cemmen1? refer to as a 85 pereenter, eeaning the defendant may earn and retain credite, but they may not 1?1 omeoweimeww i? be be sentenced beiow 15 percent of that impesed, nonparoie eiigibie. THE COURT: 40?35?5 what? MR. BLOODWORTH: subsection i, In the current version cf the criminai justice handbook, THE GOURT: Yes. MR. BLOODWORTH: Abuse but not negiect. THE COURT: The offenses that are iisted at inciude at subpart aggravated chiid abuse, and it is a crime that requires 100 percent service but can be reduced by i5 percent for sentence credits earned and retained, of which_-~ reduction credits. e11 of which is under the controi of the Department of Correction. right. With that 1'11 hear any mitigating factors that you wish the Court to consider. MR. With respect to Mrs. Lcycia we tender to the Court the teiiowing mitigating factors: Mitigating factor number three - and, of course, I?m dusting with respect to subsection 114 of the 335 substantiai grounds exist tending to excuse n? the statute uses the words tending to excuse or justify whiie to estabiish a defense. I'm not going to say justified but I weuid say substantiai grounds exist tending to excuse the actions of the Defendant whi]e to state a defense. mammacwoo-qcnmewN-A 18 Subsection three, we beiieve, has been feiriy proved by the testimony at the triai, the Defendant's written statement as tendered to Court in her siiocetion rights as weii as her statement in the presentenoe report. Mitigetion factor nine, the Defendant assisted the authorities, and I wouid inoiude this under subtector 13, as testified at triai in this matter the Defendant cooperated with the District Attorney's office, went over to the District Attorney's office, waived her Miranda rights, made a statement and was questioned by the detective, Detective Chestnut, and the District Attorney with no promises whatsoever, gave a rendering of events that was substantieiiy identical to what she testified here st triai. a The District Attorney did not feei thet that testimony, epperentiy, was worth reaching a pies agreement with her, but it tends to show that this Defendant assisted authorities THE COURT: Mr. Bioodworth, I don't think the interpreter can keep up with you. MR. BLOODWORTH: Oh, I?m sorry, I forgetting that It tends to Show that she accepted the opportunity to teii the truth, she toid the truth to the District Attorney and to the Court at triei. She did so teetereett1ement agreement. The htetrtet Attorney the right te tietee to everythieg ehe ee?e with the tape recorder geing, and thee ptey it egethet her et trte1, which witheut the of hepeehed. ender mitigating teeter 1t, enueue? existed. This is het norme? et conduct: The testimony at trie? wee that the other Children were hee1thy, the house wee 1ncredib1y neat, we11 This wee not an ebueive mother or neeteetfe1 mother. Under subperagraph 12: that the defeheent eeted under the er dominatieh of enether ee retteetee in the Statement of thte Befendent et trte? at the report and in her statement today. Under the eatehe11 prevtetene of 13, we weu1e ask the Court else to thet thie eeved eonsidereb1e time, effort and expense to the etete by egree?eg to tria? by a judge eTene. Reettzihg thet the ebtitty to ebtetn interpretere, ee een Engtteh primarily Eengeege defendant wou1d have the state eenetdereb1e time, effort and expehee. Your Hener, i have iooked ever the enhancement teeters that the Court In Gendera find no enhancement feetere that ere het feir1y ateth centsihed within the eiements of the effense itseif ends therefore, eehhet be enhancement factors; these iheiude the ege ef the Chile, the severe heeiiy ihjeryi Ahe, therefere, I weeid esk the Sourt to find that mitigeting teeter three, nihe, i2, and 13 appiy to this Befendentg thet he enhancement factors appiy enei therefere, she as mitigatihg feeter and sheuid be sentehced es mitigatee offender. That would give this Seurt the eetion ef redeeihg her minimum sentence by ten perceht end Greerihg this Befendent to serve 13mand-onenha1f years in confinement with the Tennessee of Cerreetion, ehd to fix her release fer first time pereie Gehsieeretieh at 20 eereeht reieese percentage, or both. We are, therefore, asking the Court te be mitigated effehder, ehe to impose the iewest sehtehee that the law weuid permit for this serious eiass feieny effenee, i3~ehduoneaheif years to serve in eehfihemeht, with her first time parele eehsideretien at 28 eereeht ef the sentence, MR. YOW: Thank yeuq Your Hener, may it pieese the Ceert, at the risk of beihg reduneeht mush Of what I have to say on behaif of Mr: Loyoia weeie he echeihg Mr, Hewever, with Mr, Leyeia's circumstances he wes Convicted of both eggraveted Chiie abuse and sggreveted ehiie hegieet. And so at best this Court weuid um cemeeaw sentence him to t5 yeers, et werst as, It does net thet the State has moved or born their burden of shewtne the sentences sheuid be enything ether then oeneerrent, end se thetis the State m? thet's the Ceert?e preregetive te sentence between i5 end 25. Leoking at the enheneement teeters I weuid eeho Mr. Bioeeworth that each of the etements ef the ottense eeuid be oonettued te be an enhancement teeter, but these enhancement teeters being eiements ef the offense ettmteete the of the enhancement teeters GENERAL LUND: Your Henor, I think Mr. eeteer ?e having herd time keeping up. MR. The enhancement teeters, whish woutd consider things iike the age of the ehiid, the eertteuierty greet bediiy harm, exoeetienei ereeity end so terth, each of those amount to etements ef the Offense. And se there appears it appears that there cannot be any in this sentence. What I weuid submit to the Ceurt is that the generei essembiy has determined that in eesee itke thte, because ef the seriousness of the ottenee, the eintmemit? years should first be considered, moreover, eevete1 mitigating factors de eppiy. If I were te Week by numeer, end I weuid ask number four, the Defendant?s minor roie. the Court to remember end consider the evidence thet wee eowcimeebm ietreduoed et triei. Ahd that the oniy evidehee that was ietrodueed et trial of the eeteei actions that my eiieht teek pert ih was that he stepped the ohiid. And et triai the testified that siepy or even a eeheh eet have the severity of those injuries, Censeqoeetiy the Court found both the husband ehe wife geiity, end I wouie submit to the Court that the husbehdj er tether, hr. Loyeie, pieyed miner re1e. Virtueiiy a11 of the rest of the mitigating teeters are inappiioehie but for the oeteheii et eumher i3; Number i3 ie Ghviousiy, the bench triei saved iet et timea effort end expense, ?nder stete in Tennessee, the Court cehsiders the remorse ef the eetehdant when determining his sentence. And he has shared with the Ceurt that he is remersefui. Under state Legs the Court can consider his good work ethic. Aed the presentenee report demonstrates that he was served in the he served in the; Jehuery one 2007 to Mereh eight ehd during that period of time_he had a strong history, havihg no diseipiihery conduct ehd receiving homers ehe eommendetione. Another mitigation teeter he eiso considered, his history. And more iefermetioh of that is en page six at hie presentehee .A 23 Yet another mitigating factor, State versus Pike, was the defendant's lack of oriminai history. According to the presenteece report Mr. Loyoia is 25 years did and has no orimina] history. And finaiiy, Your Honor, under state versus Jackson, another mitigating factor eoeid be actions which assisted the victim. In state verses Jackson the eoert determined that the defendant deserved some credit for making a nineuone?one oaii. I submit to the Court that in this case Mr. toyoia did so much more in finding that when the ohiid had suffered sueh injuries he immediateiy took the ohiid to the hospita], sought medioai attention and tended to his every need henceforth. We wouid ask the Court to consider ail of these mitigating factors and sentence him to 15 years. Thank you. THE COURT: Ms. Lund. GENERAL LUND: Yes, sir. And I wouid ask this Court to consider under 40~35m114 enhancement factor number ten; no hesitation when the risk to human iife was high. Certainiy, the abuse and negieot that was intiicted upon Gtis Loyoia, Junior, as 3r. Lowen said, did put his in jeopardy. Subseotion 14; that a position of trust was He was five weeks oid. he abused. These were his parents. depended on these peopie for his every need. 24 Specificaiiy with regard to Otis Leyeia. mitigating tasters addressed by Mr. Yew, he noted that Mr. Leyeia had a minor reie in this offense. If yee iook at the Court?s verdict, the State weeid argue that it seuid be interpreted that Mr. Loyoia was in fact the ieader in the commission Of these offenses. Certaihiy not a minor role in the abuse of his Chiid. With regard to the remorse Mr. Yew beiieves Mr. Leyoia expressed. He's not remorsefui for his seh?s injuries he?s remorsefui tor the feet that he's separated from his ohiidren. He might have been a good person, he was not a geod father. It is not a mitigatihg faster. With regard to Ms. Leyeias the State beiieves that her statements in the presentehoe report and the eouid eerteiniy be perceived as seitwservihg. I an I don't understand how Mr. Bioedworth can say that she was hot hegieotfui. lit yeu believe her she aiiewed her ohiid t0 be abused and she did nothing. Mr. Loyeia was not heme during the day. She had neighbors she ooeid have gene to. She teid us during the triai she used the phene, she taiked to reiatives, they went shopping. She didn't teii anyone about the events occurring in her home to her see. I'm asking the Court to consider ef,the This ehiid evidence. You heard Dr. Lowen's testimony. 25 never see! may never hear, he has a feedieg tube. I?m asking the Court to fix a sentence that is a deterrent for hr. and Mrs. Loyoia and for the members of the community who are simiieriy situated? Thank you. THE COURT: Thank you, With respect to Otis Loyoia, the Court has considered the evidence which was received at both the triai of this case and this hearing. The Court has considered the presentehoe report, the principeis of sentencing, The Court has aiso oohsieered the nature and characteristics of the oriminei oonduot ihvoived. The Court has considered the statement made mu excuse me, the Court has considered the enhancement and mitigating factors that are setout in 40~35~i13 and 40w35?ii4. Under 40?35u114, the Court does find that subsection ten appiies, that Mr. Loyoia had no hesitation about committing a Crime by infiiotihg these injuries so his son when the risk to human 1ife was high. That to both the conviction for aggravated ohiid negieot I mean, excuse me, strike that; That appiies to the aggravated ohiid abuse but not aggravated chiid negieot. The Court finds that there are he statutory mitigating factors that apoiy with respect to Mr. Loyoia. The Court sentences Mr. Loyoia to a term of 15 years for aggravated ohiid negiect and 20 years for Namawa} GKQOG aggravated ehtTd abuae; orders the sentences te be served ceheurrehtty and satisfied at the Department at Correctieng With reapeet ta Pehaetyhn Leyeiag the Ceurt agate has eehstdered the evidence at this hearing as we11 ae the evidence received at the trteta the Ceart has eehetdered the presentehee report, the erteetpats et eehteaeihg ahd the arguments as to atteraattvee. The Court hae considered the nature and Charactertettcs at the erteiea? eenduct invetvee and the ehheheeaent and mitigatihg factors offered by the parties. the Ceurt hae e130 eeneidered her en the etatement she made in her ewe beha?f? The gourt finds there are me teeters. A request has beeh made that the Ceert make a ea to whether she sheuid be treated as a mitigated offender. The Defendant has argued that in mttigattea the Court shoutd eppty suheart three of 40?35m113, that the aubetahtiat greunee exist tehd?hg to excuse the conduct, Hare we're ta1ktng about the conduct of negieet? The Ceart ftnde that thte hat appty. Under eubpart mine the Setendaht argues that the Court eheutd consider that ?n that she aseieted the aethorittee Eh uaeeverthg effenses committed by ether persons er in detectihg er wet], eat in apprehending? but uncovering aftehaea committed by Mr. Loyoia. it?s true that Qweowmmawwe 24 25 2? she did that, it you tt you coas1der the statement that she made to them prior to tria] was assist assisted the The Court dees appty 1t; gtve it s1ight weight however; Under sebpart 11 the Defendant argues that there that the Offense was by her under messes? C1reumstanees that very 1tke1y -w vary ?a that w? excuse me. The Defense argues that the offense was committee under such unueua1 Circumstances that 1t 1s un1ike1y that a sustained inteht to vietate the 1aw motivated her heg1eetk The Ceurt wt11 app1y that and.give 1t s1ight weight. Under subpart 12 the Defendant that she acted under duress or deeinatten at hr. teyeEa. Wh11e that wh11e therermay have been centro1 exertea by Mr? Leye1a? to say that it constituted duress and dominatjee ta the potht that it mttigates against her heg1eet$ the Caert finds that it does not appIy. These are the at the Court w1th respect to enhancement and m1t1gat1ng factors: The Court has censtdered the request, but respectfu11y deh1es the request that she be eiasstfied as a a1tigated attendee: She 1s senteheed to a term at 15 years fer aggravated child heg1ect with a presumptive re1ease e11g1b111ty aate 0t 30 That's a11. I percent. GENERAL Thank yes, Year Hanor. moww?xowoo-ximmnoow?A 28 MR. YDN: Thank you, Your Honor. MR. BLOODWORTH: Judgments in this oaso shou1d ref1oot considerable pretr1a1 confihoment, Your Honor. THE COURT: Oh, of course. don?t know what it 13, but. . the jai1 says for Mr. Loyoia, its got six p1u3 371 days, which wou1d be 337. And for Mrs. Loyo1a it?s got 815 dayse (Nothing further was heard in this cause on thisqday) {23 {same CERTIFICAYION STATE OF TENNESSEE CGUNTY 0F CHEATHAM 1, RETA MORETTI LCR #158, certified eoert reporter, Itoeneed reporter, in end for the State of do hereby certify that the above eenteeoteg heertng was reported by me and that the toregotne pagee of the treneeript is a true and accurate record te tee at my knowledge, ek111s, and ab?1ity. I further Certify that I am not re1eted to eer ee emp1oyee 0t counse1 er any of the pertiee to the eetien, nor em in aeywey f1neeote11y 1htereeted in the at this I further certify that I am du1y by the Tennessee Beerd ef Court Reportieg as Court Reporter as evidenced by the LCR number and expiration date fei1ow1eg my name beiow. IN WITNESS WHEREOF, I have hereunto set my heed this ?th dey of September 2014. Rita Scrugge, cce, the wee expiration date: Jume 30, 2016 COPY 30 CERTIFICATE OF THE CQURT This transcript of proceedings ig tendered to the judgment of the court, which trahgcript 0i hrocea?ihgs is fiied within the time aiiowe? by Taw and ruies 9f the court, and which is signed and 88818d and ordered t0 be made part of the racsrd ih this cause. This day of 20__ ATTORNEY FOR THE STATE ATTORNEY FOR THE DEFENDANT JUDGE COPY