Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 2, 2015, at Jackson
Appeal from the Circuit Court for Humphreys County Nos. 12542, 12723, & 12782 Larry J. Wallace, Judge
Blake C. Kruse, Dickson, Tennessee, for the appellant, Michael Anthony Smith.
Herbert H. Slatery III, Attorney General and Reporter; Meredith Devault, Senior Counsel; Wendell Ray Crouch, Jr., District Attorney General; and Craig Monsue, Assistant District Attorney General, for the appellee, State of Tennessee.
Robert W. Wedemeyer, J., delivered the opinion of the Court, in which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr., joined.
ROBERT W. WEDEMEYER, JUDGE
This case arises from several indictments returned against the Defendant. In case number 12542, a Humphreys County grand jury indicted the Defendant for one count of theft of property valued between $1, 000 and $10, 000, and one count of criminal trespass. In case number 12723, a Humphreys County grand jury indicted the Defendant for one count of sale of a Schedule II drug, one count of possession or casual exchange of a Schedule IV drug, and two counts of sale of a Schedule IV drug. In case number 12782, a Humphreys County grand jury indicted the Defendant for theft of property valued under $500.
Pursuant to a plea agreement encompassing all the charges against him, the Defendant pleaded no contest to the following: in case number 12542, he pleaded to one count of theft of property valued between $1, 000 and $10, 000; in case number 12723, he pleaded to one count of sale of a Schedule II drug and one count of sale of a Schedule IV drug; in case number 12782, the Defendant pleaded to one count of theft of property valued under $500. The remaining charges against the Defendant were dismissed.
The trial court entered the sentence agreed to by the parties. It sentenced the Defendant to: five years of probation for the theft conviction in case number 12542; four years of probation for the sale of a Schedule II drug conviction; four years of probation for the sale of a Schedule IV drug conviction in case number 12723; and eleven months and 29 days of probation for the misdemeanor theft conviction in case number 12782, with the condition that he successfully complete the 23rd Judicial District Drug Court Program. The trial court ordered that the sentences in case number 12723 run concurrently with each other but consecutively to the sentence in case number 12542. The court further ordered that the sentence in case number 12782 run concurrently with the sentences in case numbers 12542 and 12723, making the total effective sentence nine years of probation.
On June 18, 2014, the Defendant's probation officer filed an affidavit alleging that the Defendant had violated his probation by failing to successfully complete the 23rdJudicial District Drug Court Program as ordered by the trial court. Based upon this affidavit, the trial court issued a warrant for the Defendant's arrest.
On August 27, 2014, the trial court held a hearing on the probation violation. The Defendant's attorney informed the trial court that the Defendant intended to admit the violation but wanted to be heard regarding the disposition of the remainder of his sentence.
The Defendant testified and waived his right to having the State prove that he had violated his probation. The Defendant stated that the trial court had sentenced him to nine years of probation with successful completion of drug court as a requirement of his probation. The Defendant said that he was "bipolar" and suffered from "depression" for which he required medication. He started taking the medication while he was in the Humphreys county jail, and he was still taking the medication at the time of the hearing.
The Defendant acknowledged that he had been "released" from drug court. He said that, after this, he "got upset" and "felt [he] was suicidal." The Defendant said that he needed "some kind of help" to address his mental health issues. He said that he had children that he wanted to help take care of and that he did not want to keep being a "nuisance to society." He noted that he had successfully completed probation in the past. He informed the ...