Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs February 19, 2015.
Appeal from the Circuit Court for Blount County Nos. C-19634, C-21137 Tammy M. Harrington, Judge.
J. Liddell Kirk (on appeal), Knoxville, Tennessee; Raymond Mack Garner, District Public Defender; and George Houston Waters (at hearing), Assistant District Public Defender, for the appellant, Christopher Lee Goins.
Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Shari Lynn Tayloe, Assistant District Attorney General, for the appellee, State of Tennessee.
D. Kelly Thomas, Jr., J, delivered the opinion of the court, in which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.
D. KELLY THOMAS, JR., JUDGE.
On April 15, 2011, the Defendant pled guilty in case number C-19634 to aggravated burglary and aggravated assault, and he received an effective sentence of six years, at thirty percent release eligibility, in the Tennessee Department of Correction ("TDOC"), with all but six months suspended to probation.
On August 2, 2012, the Defendant's probation officer filed a probation violation report for case number C-19634 alleging that the Defendant had violated the terms of his probation in the following respects: (1) he had been arrested for theft of property on July 23, 2010; (2) he had failed to report his arrest to his probation officer; and (3) he had failed to make a single payment towards the $829 he owed in court costs and had failed to pay $250 to the Criminal Injuries and Compensation Supervision Fund as ordered.
On September 28, 2012, the Defendant pled guilty in case number C-21137 to theft of property valued at more than $10, 000 but less than $60, 000, a Class C felony. He was sentenced to four years in the TDOC, at thirty percent release eligibility, with the sentence to be served on community corrections. The sentence was ordered to be served consecutively to his preexisting "Blount County Circuit [Violation of Probation]." On that same date, the trial court entered an order revoking the Defendant's probation in case number C-19634 and ordering split confinement, with nine months' service in the Blount County jail and the remainder on community corrections.
On April 17, 2013, a violation affidavit was filed against the Defendant alleging that the Defendant had violated the conditions of his community corrections sentences in the following respects: (1) he had failed to be honest with an officer about a failed drug screen; (2) he had purchased or traded drugs from persons known to sell or traffic illegal drugs; (3) he had tested positive for and admitted to using cocaine, oxycodone, and morphine; (4) he had failed to pay thirty dollars in supervision fees; and (5) he had failed to provide required proof of payments to the court. On July 30, 2013, the violation warrant was amended, alleging an additional violation: the Defendant had been charged with theft of property valued at less than $500 and simple possession/casual exchange on July 27, 2013. On September 9, 2013, the trial court entered an order imposing a sentence of split confinement, with one year to be served in the Blount County jail, after which the Defendant would be returned to community corrections.
On April 7, 2014, a second violation affidavit was issued alleging that the Defendant had violated the terms of his community corrections sentence in the following respects: (1) he had been charged with possession of drug paraphernalia, driving on a revoked license, resisting arrest, evading arrest, and possession of a prohibited weapon; (2) he had failed to pay forty-five dollars in supervision fees; and (3) he had failed to provide required proof of payments to the court. On August 4, 2014, the trial court held a revocation hearing, which is the subject of the instant appeal.
At the hearing, Officer Rodney Wilson of the Alcoa Police Department testified that on March 24, 2014, he was on patrol when he observed the Defendant driving a Buick with "dark tinted windows." Suspecting that the Defendant's windshield tint exceeded that allowed by statute, Officer Wilson initiated a traffic stop, approached the vehicle, and instructed the Defendant to roll his windows down. Officer Wilson "observed a [twenty dollar] bill in [the Defendant's] hand, which is commonly used in narcotics transactions." When Officer Wilson asked for the Defendant's driver's license, the Defendant was unable to produce it, although he did provide the car's registration information. Officer Wilson then asked the Defendant to take his keys out of the ignition and place them on top of the car.
Officer Wilson then walked back to his cruiser and ran a records check on the Defendant. Records showed that the Defendant's license had been revoked, and at that point, Officer Wilson requested that the Defendant exit his vehicle. After multiple requests, the Defendant stepped out of the vehicle and ran away from the scene. Officers eventually found him "hiding under some bushes." They attempted to take him into custody, but ...