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State v. Hall

Court of Criminal Appeals of Tennessee, Knoxville

May 13, 2015

STATE OF TENNESSEE
v.
WILLY J. HALL

Assigned on Briefs March 25, 2015

Appeal from the Criminal Court for Sullivan County No. S60722, S60723, S61900 Robert H. Montgomery, Jr., Judge

Stephen M. Wallace, District Public Defender, and Steven D. Bagby, Assistant District Public Defender, Blountville, Tennessee, for the appellant, Willy J. Hall.

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Barry P. Staubus, District Attorney General; and Amy Hinkle, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert L. Holloway, Jr., J., delivered the opinion of the Court, in which John Everett Williams and Norma McGee Ogle, JJ., joined.

OPINION

ROBERT L. HOLLOWAY, JR., JUDGE

Factual Background

In June 2012, the Sullivan County Grand Jury indicted the Defendant for theft over $500 in case number S60722. That same month, the Defendant was also indicted for theft over $1, 000; two counts of theft under $500; and three counts of burglary in case number S60723. In January 2013, the grand jury issued a third indictment in case number S61900, charging the Defendant with two counts of failure to appear. On February 28, 2013, the Defendant pleaded guilty, as a Range II multiple offender, to all charges in case numbers S60722 and S60723 and to one count of failure to appear in case number S61900.

Pursuant to the Defendant's plea agreement, the trial court sentenced the Defendant, as follows:

Case

Conviction

Sentence

Manner of Service

S60722

Theft over $500

2 years at 35%

Community Corrections

S60723

Theft over $1, 000

5 years at 35%

Community Corrections

S60723

Theft under $500

11 months 29 days

Community Corrections

S60723

Theft under $500

11 months 29 days

Community Corrections

S60723

Burglary

5 years at 35%

Community Corrections

S60723

Burglary

5 years at 35%

Community Corrections

S60723

Burglary

5 years at 35%

Community Corrections

S61900

Failure to Appear

2 years at 35%

Community Corrections

The trial court ordered all counts in case numbers S60722 and S60723 to run concurrently with one another but consecutively to case number S61900, for a total effective sentence of seven years on community corrections. The court further ordered that the Defendant was to reside at the John R. Hay House ("Hay House") upon his release from jail.

First Violation

On August 15, 2013, the trial court issued a warrant for violation of community corrections that stated the Defendant had violated Rule 10 of the community corrections program, which provided, "I will reside at the John R. Hay House Residential/Correctional Treatment Facility as specifically directed by either the Court, Probation Officer or Counselor." The affidavit in support of the warrant alleged that the Defendant signed out of Hay House at 11:00 a.m. on August 14, 2013, in order to report to work at Dairy Queen and take his son to a doctor's appointment. The Defendant failed to return to Hay House after work, and his whereabouts were unknown at the time the violation was filed on August 15, 2013. The community corrections program considered the Defendant "absconded from supervision." The Defendant was not arrested on this violation warrant until October 14, 2013.

Following a hearing on November 12, 2013, the trial court found that the Defendant had violated the terms of his community corrections sentences by absconding. Pursuant to Tennessee Code Annotated section 40-36-106(e)(4), the trial court resentenced the Defendant to seven years on each of the burglary convictions and on his conviction for theft over $1, 000, resulting in a total effective sentence of nine years. The court then reinstated the Defendant on community corrections and ordered that, upon the Defendant's ...


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