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State v. Thompson

Court of Criminal Appeals of Tennessee, Knoxville

November 7, 2016

STATE OF TENNESSEE
v.
TIMMY THOMPSON

          Assigned on Briefs October 25, 2016

         Appeal from the Circuit Court for Blount County No. C-23202 David Reed Duggan, Judge

          J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Timmy Thompson.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Mike L. Flynn, District Attorney General; and Clinton Frazier, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         On February 2, 2015, the defendant was convicted of criminal simulation involving a value over $10, 000. His sentence was suspended to Community Corrections for a six-year term. The defendant was released from the Blount County Jail on September 9, 2015. The defendant's Community Corrections officer filed an affidavit of violation of Community Corrections on September 10, 2015, alleging the defendant failed to contact or report to Community Corrections upon his release. The defendant was arrested on January 1, 2016 for the violation of Community Corrections. The affidavit was amended on January 6, 2016, to add a violation alleging the defendant had tested positive for Benzodiazepine at the time of his arrest.

         Based on the record before this Court, it appears that the trial court held an evidentiary hearing on February 16, 2016, to determine whether the defendant had, in fact, violated the terms of his Community Corrections sentence. The transcript from that hearing is not part of the record on appeal. However, per the trial court's order dated February 16, 2016, the trial court found that the "defendant has materially violated the terms of his Community Corrections and shall have his Community Corrections revoked with sentencing withheld until March 21, 2016."

         On March 22, 2016, the trial court conducted a sentencing hearing in the defendant's case. Initially, the State announced the trial court had indicated during the February 16, 2016, hearing that it was "likely to sentence [the defendant] to serve with a recommendation to Special Needs. But we bifurcated the sentencing hearing for us to have the opportunity to look into alternative placement." The State then produced a letter from Dr. Robin Turnmire, a treatment specialist with the Blount County Community Corrections Office. In her letter, Dr. Turnmire indicated the defendant needed:

highly structured, supervision, assistance taking his medication correctly, extensive and repetitive life skill training over a long enough period of time to develop healthy living habits, and mental health treatment for his co-occurring disorders.

         Dr. Turnmire explained that neither she nor Helen Ross McNabb, the Criminal Justice Liason, had been successful in locating a treatment center suitable for the defendant. Dr. Turnmire indicated that she strongly recommended, absent any alternative treatment, the defendant be placed into the special needs population of the Tennessee Department of Correction.

         After considering the evidence and statements by counsel, the trial court revoked the defendant's Community Corrections sentence and ordered the defendant "to serve this sentence." In its order, the trial court requested that the defendant be placed in the special needs unit of the Tennessee Department of Correction. This timely appeal followed.

         ANALYSIS

         The defendant argues that the trial court abused its discretion when it ordered him to serve the balance of his sentence in the Tennessee Department of Correction. The State argues the defendant has waived consideration of the issue by not including a transcript of the revocation hearing in the appellate record, and that the trial court did not abuse its discretion when it revoked ...


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