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State v. Combs9/25/2002
efendant be a leader, not the leader, where the offense involves two or more criminal actors. See Tenn. Code Ann. § 40-35-114(2) (1997).
Regarding the trial court's use of enhancement factor (4), which requires a finding that the victim was particularly vulnerable due to age, Defendant contends that it was inappropriately applied under State v. Adams, 864 S.W.2d 31 (Tenn. 1993). In Adams, our supreme court stated that the relevant inquiry is not simply whether the victim is under a specific age, but "whether the victim was particularly vulnerable because of age or physical or mental disability." Id. at 35 (emphasis in original). The State has the burden of establishing the limitations that render the victim "particularly vulnerable," id., as well as the burden of proving that "the condition which rendered the victim `particularly vulnerable' was a factor in the commission of the offense." State v. Butler, 900 S.W.2d 305, 313 (Tenn. Crim. App. 1994). We believe that the State satisfied its burden here. The record established that the victim was taken into the Combs household at the age of approximately five months old. Thus, she grew up believing the Defendants to be her parents, and she had no other experiences upon which to base an opinion about what is proper behavior in a family or about the differences between right and wrong. This ignorance effectively impaired her ability to summon assistance or to even know that she required it. Put another way, if the Combs had not absconded with Esther at such a young age, their subsequent confinement and abuse of her might not have been possible. Hence, we find her vulnerability, cultivated almost from birth and endured throughout her life, was a factor in the commission of the offense. See also State v. Lewis, 44 S.W.3d 501, 505 (Tenn. 2001) (use of enhancement factor (4) is appropriate if the facts show that "the vulnerabilities of the victims . . . had some bearing on, or some logical connection to, `an inability to resist the crime, summon help, or testify at a later date.'" (citations omitted)).
Defendant further argues that the trial court did not give the proper weight due the mitigation factors presented in his case. Defendant contends that his criminal record, which contains no prior convictions, his "good work history," and the contributions he has made to "society at large as a teacher and minister," effectively offset the enhancement factors deemed appropriate by the court. We disagree, noting that the weight given to each factor is left to the discretion of the trial court as long as the trial court complies with the purposes and principles of the sentencing act and its findings are supported by the record, as occurred in this case. State v. Moss, 727 S.W.2d 229, 238 (Tenn. 1986). This argument is without merit.
Turning to Defendant Evangeline Combs, the record reflects that the trial court applied the following enhancement factors to her sentence for especially aggravated kidnapping: (1) " he defendant has a previous history of criminal convictions or criminal behavior in addition to those necessary to establish the appropriate range"; (2) " he defendant was a leader in the commission of an offense involving two (2) or more criminal actors"; (4) " victim of the offense was particularly vulnerable because of age or physical or mental disability"; and (15) " he defendant abused a position of public or private trust." Tenn. Code Ann. § 40-35-114(1), (2), (4), and (15) (1997). The trial court then separately considered the sentences for the four aggravated child abuse convictions (counts 7 through 10). As to count 7, the trial court applied enhancement factors (1) and (15), see supra, in addition to enhancement factor (18), appropri
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