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State v. Inman

Court of Criminal Appeals of Tennessee, Knoxville

January 23, 2015

STATE OF TENNESSEE
v.
MICHAEL J. INMAN

August 19, 2014 Session

Appeal from the Circuit Court for Blount County No. C1925156 David Reed Duggan, Judge

Robin Ruben Flores, Chattanooga, Tennessee, for the appellant, Michael Jerome Inman.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Michael L. Flynn, District Attorney General; and Clinton Frazier, Assistant District Attorney General, for the appellee, State of Tennessee.

David A. Patterson, Sp. J., delivered the opinion of the Court, in which John Everett Williams and Camille R. McMullen, JJ., joined.

OPINION

DAVID A. PATTERSON, SPECIAL JUDGE

FACTS AND PROCEDURAL HISTORY

I. VIOLATION OF COMMUNITY CORRECTIONS

On January 24, 2011, the defendant's guilty pleas were entered and accepted by the court, and he received an effective fourteen-year sentence to be served on community corrections. On February 28, 2011, a violation of community corrections warrant was issued for the defendant alleging that he failed to show up for check-in and failed to show up for group; he did not live at the address given to the officer at his check-in; and, he failed to make a truthful report to the officer. The warrant was amended by an order dated June 28, 2011, based upon a new arrest for theft of property. The original warrant was served on the defendant on June 27, 2011, and he was ordered to be held without bond. On December 19, 2011, a bond hearing was held, and the court set a $2, 000.00 bond pending a violation hearing set for February 24, 2012. The defendant was released on bond on December 20, 2011, with the condition that he report immediately to community corrections. On January 9, 2012, a violation of community corrections warrant was issued for the defendant alleging that he failed to report as instructed; that he had been arrested for domestic violence and that he failed to report the arrest; and, that he failed to report to community service work. This second warrant was served on the defendant on September 18, 2012, and he was ordered to be held without bond.

At the probation hearing, held on February 25, 2013, the court heard testimony from Brian Hensley, a community corrections officer. Mr. Hensley testified that the defendant reported to him for intake the day after he was sentenced. However, he failed to report for subsequent check-ins and, on February 28, 2011, a violation of community corrections warrant was issued for the defendant alleging that he failed to show as scheduled for three check-ins and failed to attend group as scheduled on three occasions; he did not live at the address given to the officer at his check-in; and, he failed to make a truthful report to the officer.

The record shows that the February 28 warrant was served on the defendant on June 27, 2011, and he was held without bond. Mr. Hensley testified that on December 19, 2011, an order was entered setting a $2, 000.00 bond for the defendant pending a violation hearing on February 24, 2012, with the condition that he report to community corrections immediately. Mr. Hensley stated that he became aware that the defendant had been released on bond when he received a copy of the bond order on December 27, 2011. On that same day, Mr. Hensley contacted the bonding company and explained that a condition of the bond was that the defendant was to report immediately upon release. The defendant contacted Mr. Hensley and was instructed to report the next day, December 28, 2011. The defendant reported as instructed on December 28, 2011, and was informed to check in with Mr. Hensley by telephone each day.

Mr. Hensley testified that the defendant stated the reason he had not reported was that he was "just supposed to report back to the court, that's what I was told." Mr. Hensley stated that the defendant did not report on December 29, 2011.

Mr. Hensley testified that on January 9, 2012, another violation warrant was issued alleging that the defendant failed to report as ordered. He further testified that the jail booking logs listed that the defendant was arrested on December 28, 2011, for a domestic violence offense. The defendant failed to report the arrest and did not report for his community service work or as directed to his officer following his release.

At the conclusion of the testimony, the trial court, referring to the warrant that was filed on February 28, 2011, found that the defendant had violated the terms of his community corrections sentence by failing to report for check-in on February 1, 8, and 15; failing to report for group on February 1, 8, and 15; not living at the address that was given at check-in; and failing to make truthful reports to the officer. With respect to the warrant that was filed on January 9, 2012, the trial court found that the defendant had violated the terms of his community corrections sentence by failing to report every morning beginning on December 29; by failing to report his arrest; and by failing to report for community service work as directed. The court observed that the defendant had been given numerous opportunities to serve his sentence in the community. The trial court revoked the ...


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