Court of Criminal Appeals of Tennessee, Nashville
Assigned on Brief December 16, 2014
Direct Appeal from the Circuit Court for Robertson County Nos. 74CC3-2010-CR-366, 74CC3-2010-CR-368, 74CC3-2012-CR-527 Michael R. Jones, Judge
Collier W. Goodlett, Assistant Public Defender, Springfield, Tennessee (at trial) and Roger E. Nell, District Public Defender, Clarksville, Tennessee (on appeal), for the appellant, James Stubblefield, III.
Herbert H. Slatery, III, Attorney General and Reporter; Meredith Devault, Senior Counsel; John W. Carney, Jr. District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.
John Everett Williams, J., delivered the opinion of the Court, in which Thomas T. Woodall, P.J. and Robert W. Wedemeyer, J., joined.
JOHN EVERETT WILLIAMS, JUDGE
Procedural History and Factual Background
In 2010, the defendant was placed on judicial diversion for the offenses of aggravated burglary and forgery. However, in August 2012, the trial court terminated the judicial diversion and entered judgments of conviction for the charged offenses. At the same time, the defendant also pled guilty to the new offense of driving on a revoked license. The court then granted the defendant a second chance to avoid incarceration by placing him on an effective four-year sentence to be served on community corrections.
For a time period, the defendant complied with the program's conditions. However, approximately four months later, on December 9, 2012, the defendant was again arrested, this time for the offense of driving under the influence ("DUI"). He pled guilty to the charge on December 10. Three days later, on December 13, the defendant reported the new arrest to his community corrections case officer. According to the defendant, the two discussed the new arrest.
The following day, a violation warrant was issued charging that the defendant had violated the terms of his agreement by being arrested on a new charge and by not complying with the imposed curfew. The defendant claimed to have no knowledge that such a report had been issued. He did call his case officer on December 18 to inform him that he had obtained employment and that he would report on the following Thursday. The defendant did not keep the appointment and has not reported to the present.
It was not until May 7, 2014, that the police were able to arrest the defendant on the violation warrant. At the same time, the defendant was also served with a juvenile court capias against him for failure to maintain child support payments.
A hearing on the community corrections matter was held on June 6, 2014, at which the defendant and his community corrections officer testified. Additionally, at the hearing, the defendant was also served with a second community corrections violation warrant, which alleged that he had failed to report from December 2012 until the present.
The defendant's community corrections officer, Brian Hawkins, gave testimony regarding the defendant's new DUI arrest and the failure to report. He specifically testified that the defendant had entered a guilty plea to the DUI and that the last contact his office had with the defendant was the December 18, 2012 phone call. A certified copy of the judgment of conviction for the DUI was also entered by the State.
The defendant testified that he was twenty-four years old and had no prior convictions other than those which were the subject of this case. He did testify, however, that he was currently incarcerated serving concurrent sentences of 120 days for failing to pay child ...