Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs November 15, 2016
from the Criminal Court for Sullivan County No. S58, 565
James F. Goodwin, Jr., Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
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.
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Timothy L. Easter, J., joined. Robert H. Montgomery,
Jr., J., not participating.
KELLY THOMAS, JR., JUDGE
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.
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.
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,
his two-year probationary sentence for failure to appear was
revoked on May 28, 2014.
January 2015, the Defendant was granted determinate release
on his two-year felony failure to appear
sentence. 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 ...