Court of Criminal Appeals of Tennessee, Nashville
May 13, 2015 Session
Appeal from the Circuit Court for Dickson County Nos. 2011-CR-125B, 2014-CR-7 David Wolfe, Judge
Olin J. Baker, Charlotte, Tennessee, for the appellant, Jeremy S. Moore.
Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Wendall Ray Crouch, Jr., District Attorney General; and Billy Henry Miller, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.
Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Robert L. Holloway, Jr., JJ., joined.
ROBERT H. MONTGOMERY, JR., JUDGE
On October 12, 2011, the Defendant pleaded guilty in case number 2011-CR-125B to aggravated burglary and was sentenced to three years' probation. On December 10, 2013, a probation violation report was filed, alleging that the Defendant was arrested for multiple counts of aggravated burglary and theft, that the Defendant failed to report his arrest to his probation officer, that the probation officer had been unable to locate the Defendant at his reported address, that the Defendant had not made any payments toward court costs, fees, and restitution since February 14, 2013, and that the Defendant failed to comply with the trial court's ordering him to complete "PSW hours." The probation violation allegations remained pending until July 17, 2014.
On July 17, 2014, the Defendant pleaded guilty in case number 2014-CR-7 to aggravated burglary and to theft of property valued at $1000 or more but less than $10, 000 and was sentenced to three years' probation for the burglary and to two years' probation for the theft. The trial court ordered the three-year sentence be served consecutively to the previously imposed three-year sentence in case number 2011-CR-125B, for an effective six-year sentence. Also on July 17, the Defendant waived a probation revocation hearing and admitted to the violation allegations in case number 2011-CR-125B. The court returned the Defendant to probation in case number 2011-CR-125B and ordered the Defendant to complete the drug court program as a condition of his probation in both cases. The probation order in case number 2014-CR-7 states that the Defendant "must complete . . . drug court, if not serve sentence." The order in case number 2011-CR-125B states, "If he completes the [drug court] program, he can finish his sentence on probation. If he drops out, he is to serve his sentence."
On September 5, 2014, a probation violation report related to both cases was filed with the trial court, alleging the Defendant's participation in the drug court program was terminated on September 4, 2014.
At the revocation hearing, Probation Officer Terri Monsue testified that she supervised defendants who participated in the drug court program. She said that although the Defendant was ordered to complete the program, he left the program without permission. She also said the Defendant was caught stealing from other drug court participants. She said that as a result of the Defendant's conduct, his participation in the program was terminated.
On cross-examination, Officer Monsue testified that she attended the meeting with the drug court team during which the Defendant's participation in the program was terminated, although the Defendant was not present at the meeting. She said that the Defendant did not report to the program on September 3 and that his participation was terminated on the same day. She did not speak to the Defendant about his absence. She learned of the Defendant's absence from drug court personnel. She agreed the Defendant's participation was not terminated face-to-face.
Upon examination by the trial court, Officer Monsue testified that each participant in the drug court program was provided a book of rules. She said that every participant knew attendance at each meeting was required and that each participant was advised of the consequences for failure to attend. She said the Defendant last reported to the drug court program on August 22, 2014. She acknowledged she had not spoken with the Defendant about his absences.
On further cross-examination, Officer Monsue testified that although she did not advise the Defendant of the drug court program rules, she was present when the drug court judge asked the first-time participants whether they received the drug court rule book, read the rules, and understood the rules. She was present on August 13, 2014, when the Defendant first attended drug court and said she witnessed the judge ask those questions.
Doug Beecham, director-coordinator for the drug court program, testified that he spoke to the Defendant about the alleged theft of cigarettes from another program participant and that the Defendant admitted stealing the cigarettes. He said the drug court ...