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State v. Chandler

Court of Criminal Appeals of Tennessee, Nashville

November 8, 2016

STATE OF TENNESSEE
v.
KELLY LYNN CHANDLER

          Assigned on Briefs August 9, 2016

         Appeal 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 Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert H. Montgomery, Jr., J., joined.

          OPINION

          J. ROSS DYER, JUDGE

         FACTS

         On 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.

         While 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.[1] 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.

         The 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.

         Beverly 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.

         Finally, 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.

         The defendant offered no proof to dispute the State's evidence.[2] 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.[3] The court stated it would consider ...


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