Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs November 18, 2014
Appeal from the Circuit Court for Blount County No. C-19218 David Reed Duggan, Judge
Mack Garner, District Public Defender; Maryville, Tennessee and Billy Sams, Oak Ridge, Tennessee (at trial); J. Liddell Kirk, Knoxville, Tennessee (on appeal), for the appellant, Jason Braden.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Mike Flynn, District Attorney General; and Betsy Smith, Assistant District Attorney General, for the appellee, State of Tennessee.
Timothy L. Easter, J., delivered the opinion of the court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.
TIMOTHY L. EASTER, JUDGE
Defendant was indicted in February of 2011 by the Blount County Grand Jury in Case Number C-19218 for aggravated burglary, false imprisonment, and assault for events that took place on May 29, 2010.
On March 15, 2011, Defendant pled guilty in Anderson County in Case Number A9CR0518 to theft of property in exchange for a sentence of eleven months and twenty-nine days. Defendant received jail credit for 154 days.
On May 23, 2011, Defendant pled guilty to the Blount County charges of aggravated burglary, false imprisonment, and assault. In exchange for the guilty plea, Defendant received a five-year sentence for the aggravated burglary conviction and a sentence of eleven months and twenty-nine days for each misdemeanor conviction. The sentences were ordered to be served concurrently to each other. Defendant was released to probation. The sentence for the convictions in Blount County was ordered to be served consecutively to the sentence of eleven months and twenty-nine days in Anderson County.
On October 4, 2011, Defendant tested positive for Oxycontin, Amphetamines, and Morphine/Opiates. On October 28, 2011, a probation violation report was filed against Defendant alleging that he was arrested on October 4, 2011, for domestic assault and theft of property valued at or below $500. The probation officer's affidavit supporting the probation violation warrant detailed that Defendant violated his probation by: (1) committing the offenses of domestic assault and theft of property in Anderson County on September 24 and 30, 2011; (2) failing to provide proof of employment; (3) testing positive on October 4, 2011 for drugs THC, Suboxone, and Hydrocodone; (4) failing to pay fees and fines; (5) failing to complete traffic safety school, community service, and anger management classes; and (6) engaging "in assaultive, abusive, threatening, and intimidating behavior as eviden[ced] by his new arrest."
The trial court held a hearing on the probation violation. At the hearing, the trial court heard testimony from Probation Officer Barry Branham and Defendant.
Officer Branham began supervision of Defendant in April of 2012. He explained that the basis for the probation violation in Blount County was the new arrest in Anderson County, a positive drug screen, failure to show employment, and failure to pay fines and costs. Officer Branham informed the trial court that the new arrest in Anderson County resulted in a conviction for theft on March 15, 2012. In addition, Defendant admitted that he used marijuana after his positive drug screen in September of 2011. Officer Branham explained that there were no other violations of the rules of probation stemming from the Blount County plea but stated that there "were [violations] on the Anderson County case." Officer Branham recalled that in October of 2011, when the probation violation report was entered, Defendant was under supervision for the Anderson County Convictions but that the Anderson County sentence had expired prior to the revocation hearing.
Defendant admitted that he violated the rules of probation in both Anderson County and Blount County. He claimed to be drug free at the time of the hearing but ...