Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs February 11, 2015
Appeal from the Criminal Court for White County No. 5500 Leon C. Burns, Jr., Judge
Brandon S. Griffin, Sparta, Tennessee, for the appellant, Kyle Roger Stewart.
Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Randall A. York, District Attorney General; and Philip Hatch, Assistant District Attorney General, for the appellee, the State of Tennessee.
Thomas T. Woodall, P.J., delivered the opinion of the Court, in which Robert L. Holloway, Jr. and Timothy L. Easter, JJ., joined.
THOMAS T. WOODALL, PRESIDING JUDGE
Probation revocation hearing
Probation officer Teresa Autry testified that Defendant was placed on probation on March 21, 2012. She testified that one condition of Defendant's probation was for him to make restitution payments. Ms. Autry testified that Defendant had not paid any amount towards restitution. She testified that Defendant "was supposed to bring those receipts in to me, and I have no verification." She also testified that Defendant's address changed on May 17, 2013, and that he had stopped reporting. She testified that before Defendant stopped reporting, he called "periodically" and told her that he missed his appointment "due, supposedly, to work." Ms. Autry testified that her supervisor, Donnie Webb, took over her responsibilities while she was on medical leave for a period of time during her supervision of Defendant's probation.
Defendant testified that he made restitution payments in the amount of $50.00 each in January, February, March, and April 2013. Defendant testified that he attempted to meet with Mr. Webb in June 2013, while Ms. Autry was on medical leave. He testified, "I showed up, I had a friend, he took me, took pictures. I slid a note under the door and told him to contact me, because the door was locked." He testified that his phone calls and text messages were not answered. On cross-examination, Defendant acknowledged that he failed to report in July, August, September, and October 2013.
At the conclusion of the hearing, the trial court made the following findings of fact:
In March of 2012, you [pleaded guilty, then you] paid to the clerk four months in 2013, and nobody's seen you before that time or after that time, in May 2013.
You've been on probation since 2012, I guess, and walked off in 2013. And then you've got this excuse, said, "Well, I called her and texted her, and she never responded back."
I'd be much more impressed if there had been evidence of having gone to the probation officer, have gone to even Cookeville, or whatever, to make an effort to find somebody. But you just walked away.
Three aggravated burglaries are pretty serious offenses. So, based on the allegation that he's been missing since May of 2013, and hearing no proof that he's made any reasonable efforts to demonstrate to the probation department his ...