Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs March 25, 2015
Appeal from the Criminal Court for Sullivan County No. S62, 891 Robert H. Montgomery, Jr., Judge
Mark Deven Dover ("the Defendant") was indicted for vandalism over $1, 000. He pleaded guilty to vandalism over $500, a Class E felony. After a sentencing hearing, the trial court denied the Defendant's request for judicial diversion and sentenced him to two years' supervised probation pursuant to the plea agreement. On appeal, the Defendant challenges the trial court's denial of judicial diversion. Upon review, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
Steven M. Wallace, District Public Defender; and Steven D. Bagby, Assistant District Public Defender, Blountville, Tennessee, for the appellant, Mark Deven Dover.
Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Barry Staubus, District Attorney General; and Lesley Tiller, 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.
ROBERT L. HOLLOWAY, JR., JUDGE
I. Factual and Procedural Background
The Defendant pleaded guilty to vandalism charges stemming from an incident where he damaged a security scanner and some merchandise at Wal-Mart. At the sentencing hearing, the Defendant admitted that he damaged a security scanner and "threw two pieces of fruit and a box of candy, " but he denied spraying deer urine on or otherwise destroying other merchandise in the store.
At the sentencing hearing, the Defendant addressed several items in his presentence report. First, he stated that the presentence report did not appear to contain any "significant errors." However, he noted that the report did not reflect that he had been charged with misdemeanor domestic assault. The Defendant explained that the charge had been dismissed because the victim failed to appear at the court dates.
The presentence report also noted that the Defendant had previous citations for speeding and driving on a suspended license. The Defendant explained that he received those citations when he was on his way to court for his arraignment in this case. The Defendant explained that his license had previously been revoked but, at the time of the stop, his license had been reinstated four months. That fact was not updated in the computer. He noted that the driving on a suspended license charge was still pending but claimed that it was "about to be resolved" and he expected the charge to be dismissed. He also said that he intended to pay the speeding ticket. The Defendant acknowledged that he failed to appear for the arraignment on the speeding ticket and driving on a suspended license charges. He tried to turn himself into the Sullivan County Jail, but he "waited around [booking] for two hours and they never came and got [him]."
The Defendant stated that he was a life-long resident of Sullivan County and that he lived with his father. He previously worked as a welder at Utility Trailer, but he was placed on disciplinary leave when he was charged with vandalism. However, the Defendant said he was "good friends" with a supervisor at another plant, who offered to give him a welding job once "this matter is taken care of." Before he was placed on leave, the Defendant worked full time and made $17 per hour.
The Defendant admitted that he was intoxicated when he damaged the Wal-Mart security scanner. When the police explained that he was being charged with vandalism, the Defendant admitted responsibility and offered to pay for the damage he had caused. The Defendant claimed that he had no other criminal record other than the conviction for ...