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State v. Begley

Court of Criminal Appeals of Tennessee, Knoxville

December 30, 2016

STATE OF TENNESSEE
v.
ALLEN GLEN BEGLEY

          Assigned on Briefs November 15, 2016

         Appeal from the Criminal Court for Sullivan County No. S58, 565 James F. Goodwin, Jr., Judge

         The Defendant, Allen Glen Begley, appeals as of right from the Sullivan County Criminal Court's revocation of the balance of his two-year probationary sentence for failure to appear. The Defendant submits that he was not afforded due process because the violation affidavits, which listed the wrong case number, were "fatally defective." Following our review, we affirm the trial court's revocation of the Defendant's probation.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed.

          Stephen M. Wallace, District Public Defender; and William Andrew Kennedy, Assistant District Public Defender, for the appellant, Allen Glen Begley.

          Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Barry P. Staubus, District Attorney General; and Teresa A. Nelson, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Timothy L. Easter, J., joined. Robert H. Montgomery, Jr., J., not participating.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         From the sparse record, we glean the following procedural history surrounding the revocation of the Defendant's failure to appear sentence. On November 30, 2010, the Defendant was charged in two cases: case number S58, 564 for theft of property valued at $1000 or more but less than $10, 000, a Class D felony, see Tennessee Code Annotated sections 39-14-103, -105; and case number S58, 565 for failure to appear in Bristol

          General Sessions Court case number S23151, a Class E felony, see Tennessee Code Annotated section 39-16-609. The Defendant pled guilty as charged in both cases on April 8, 2011, and sentences were imposed in each case on June 3, 2011. Judgment forms were filed on June 9, 2011.

         In case number S58, 564, the Defendant received a suspended sentence of three years for his theft of property conviction, and he agreed to reside at the John R. Hay House Residential Treatment Facility ("Hay House"), as a condition of his community corrections supervision. He was ordered to report to the Hay House on June 10, 2011. Regarding his failure to appear conviction in case number S58, 565, he received a one-year suspended sentence, likewise to be served on community corrections as a resident of the Hay House, and consecutively to the sentence in S58, 564. Both sentences were ordered to be served consecutively to two prior cases in Kingsport General Sessions Court.

         It appears that the Defendant violated the terms of his Community Corrections Agreement, and his placement in that program was revoked on July 20, 2012. The Defendant was ordered to serve his three-year sentence for theft of property, and his failure to appear sentence was enhanced from one year to two years. In the special conditions section of the July 27, 2012 amended judgment form in case S58, 565, it was stated, "[T]he defendant is placed on supervised probation consecutive to S58, 564." Thereafter, a probation violation warrant was filed in April 2014, [1] and his two-year probationary sentence for failure to appear was revoked on May 28, 2014.

         In January 2015, the Defendant was granted determinate release on his two-year felony failure to appear sentence.[2] The determinate release probation certificate indicated that Defendant was to be placed on probation on January 20, 2015, and that his probation would expire on October 21, 2015. The conditions of probation were listed on the certificate. However, the certificate listed the case number as S58, 564, which was ...


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