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State v. Wooley

Court of Criminal Appeals of Tennessee, Jackson

December 18, 2014

STATE OF TENNESSEE
v.
TRISH WOOLEY

Assigned on Briefs October 21, 2014 at Knoxville

Appeal from the Circuit Court for Chester County No. 03CR239 Nathan Pride, Judge

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Senior Counsel; James G. Woodall, District Attorney General; and Jim Thompson, Assistant District Attorney General, for the appellant, State of Tennessee.

Trish Wooley, pro se, Henderson, Tennessee, Appellee.

Robert L. Holloway, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

OPINION

ROBERT L. HOLLOWAY, JR., JUDGE

I. Background and Facts

This case arises from the Petitioner's oral motion[1] to expunge the record of her convictions. In November 2003, the Petitioner was indicted by the Chester County Grand Jury on the following offenses:

Count

Offense

Offense Date

Victim

1

Theft under $500

July 12, 2003

Sheila Montgomery

2

Vandalism under $500

July 12, 2003

Sheila Montgomery

3

Theft under $500

August 23, 2003

Dwight Bingham

4

Theft under $500

September 26, 2003

Ricky Ramey

5

Vandalism under $500

September 26, 2003

Ricky Ramey

In February 2004, the Petitioner entered a conditional guilty plea pursuant to Tennessee Code Annotated section 40-35-313 to all counts. The Petitioner was placed on probation for 11 months and 29 days. The Petitioner was ordered to comply with the terms of probation, pay costs and fines, complete eight hours of community service work per month, and have no contact with the victims.

In September 2004, the trial court determined that the Petitioner had violated the conditions of judicial diversion by failing a drug screen and continuing to use drugs while on probation. The court revoked judicial diversion and ordered judgments of conviction to be entered. Additionally, the court ordered the Petitioner to serve 60 days in jail and complete in-patient drug treatment. After serving the sentence, the Petitioner completed a 28-day in-patient treatment program at Serenity House and then attended Hope Center for additional treatment. In February 2005, due to some "irregularities in the nature of [the Petitioner's] furloughs and work release" while at Hope Center, the Petitioner's probation was revoked and reinstated. The trial court added as a condition of her probation that the Petitioner successfully complete treatment at Hope Center. Ultimately, the Petitioner completed her sentence and was released from supervision.

January 29, 2013, Expunction Hearing

On January 29, 2013, the Petitioner appeared in court seeking to expunge the record of her convictions. The State was not notified prior to the hearing of the motion for expunction. Daniel J. Taylor, an attorney who previously represented the Petitioner and who helped her fill out the form expunction order, agreed to represent her pro bono. At the hearing, the State argued that the Petitioner was not eligible to have her convictions expunged because she had not met all the conditions of her supervised release and because her offenses did not occur at the same time or represent a single continuous criminal episode. After noting that this was a case of first impression, the trial court granted "the application." The court stated it would wait until the 'transcript" from the prior case was prepared before filing its order. ...


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