Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 9, 2016
from the Circuit Court for Robertson County No.
74CC3-2014-CR-60 Jill Bartee Ayers, Judge.
Collier W. Goodlett, Springfield, Tennessee, for the
appellant, Kelly Lynn Chandler.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Assistant Attorney General; John W. Carney,
District Attorney General; and Jason White, Assistant
District Attorney General, for the appellee, State of
Ross Dyer, J., delivered the opinion of the court, in which
Thomas T. Woodall, P.J., and Robert H. Montgomery, Jr., J.,
ROSS DYER, JUDGE
April 17, 2014, the defendant pled guilty to theft of
property under $500.00 for which she received a suspended
sentence of eleven months and twenty-nine days to be served
on supervised probation. The terms of probation required the
defendant to obey all laws, report to her probation officer
monthly, immediately report all arrests, including traffic
violations, to her probation officer, not use intoxicants to
excess, and not engage in any assaultive, abusive,
threatening, or intimidating behavior.
on probation, the defendant committed three separate offenses
for which two separate probation violation warrants issued.
The first warrant, filed on January 16, 2015, alleged the
defendant was arrested for driving under the influence on
January 11, 2015. On October 2, 2015, an amended probation
violation warrant was filed alleging additional violations,
along with the previous driving under the influence arrest.
Specifically, the amended warrant alleged that the defendant
was arrested for vandalism, public intoxication, and domestic
assault. The warrant also alleged the defendant was
charged with driving on a revoked license on July 23, 2015.
And finally, the warrant alleged the defendant failed to
report to her probation officer in May, June, July, August
and September of 2015.
trial court held a probation revocation hearing on December
10, 2015. The State called four witnesses. Officer George
Hurst of the Millersville Police Department testified that he
pulled the defendant over on July 23, 2015, for a
registration violation. During the traffic stop, he cited the
defendant for driving on a revoked license. The State also
offered a certified copy of the defendant's driving
record which showed that her license was revoked indefinitely
on June 15, 2015.
Chandler, the defendant's mother, testified concerning
the altercation she had with the defendant that led to the
defendant's arrest for vandalism, public intoxication,
and domestic assault. Ms. Chandler testified that on March
15, 2015, the defendant came to her house and verbally
assaulted her and damaged her property. Ms. Chandler believed
the defendant was intoxicated at the time. She explained that
during the altercation, the defendant removed her front storm
door from its hinges. The State then called Deputy Greg
Stewart of the Sumner County Sheriff's Department. Deputy
Stewart explained that he responded to Ms. Chandler's
home on March 15, 2015. He confirmed that the storm door had
been taken off its hinges and left on the ground beside Ms.
Chandler's front porch. Deputy Stewart did not interact
with the defendant while at Ms. Chandler's home.
the State called Deputy Brian Ashley of the Sumner County
Sheriff's Department. Deputy Ashley testified that he
initiated a traffic stop of the defendant on January 11,
2015, because the defendant's car fit the description of
a domestic assault offender described by dispatch. Upon
asking the defendant for her license, Deputy Ashley smelled
alcohol and saw beer cans in the defendant's car. He
asked the defendant to perform several field sobriety tests.
According to Officer Ashley, the defendant failed the field
sobriety tests. As a result, the defendant was arrested for
driving under the influence.
defendant offered no proof to dispute the State's
evidence. Rather, the defendant argued that she
suffered from alcohol abuse and requested that the trial
court order alcohol rehabilitation treatment instead of jail
time. The trial court held that the defendant "violated
the terms and conditions of her probation due to committing
the new separate criminal offenses of Driving on a Revoked
License, misdemeanor vandalism, and D.U.I." The trial
court revoked the defendant's probation and ordered the
defendant to serve the original sentence of eleven months and
twenty-nine days at seventy-five percent in the Robertson
County Jail. The court stated it would consider ...