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State v. Griswold

Court of Criminal Appeals of Tennessee, Knoxville

January 5, 2017

STATE OF TENNESSEE
v.
ELIZABETH GRISWOLD

          Assigned on Briefs July 26, 2016

         Appeal from the Circuit Court for Blount County No. C22567, C22568 David R. Duggan, Judge

         Defendant, Elizabeth Griswold, appeals the trial court's revocation of her community corrections sentence and the imposition of a sentence of confinement. Following our review of the record, we affirm the judgment of the trial court.

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

          J. Liddle Kirk, Knoxville, Tennessee (on appeal); and Mack Garner, District Public Defender, Maryville, Tennessee (at trial), for the appellant, Elizabeth Griswold.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Michael L. Flynn, District Attorney General; and Clinton Frazier, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Camille R. McMullen, and Robert H. Montgomery, Jr., JJ., joined.

          OPINION.

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Background

         Defendant entered best interest guilty pleas to criminal simulation and theft of property less than $500 in value. She received an effective sentence of two years to be served on community corrections. On June 17, 2015, a violation warrant was issued alleging that Defendant violated the terms of her community corrections by:

• Rule 5: The defendant tested positive for opiates and alcohol upon her admission to the Blount Memorial Hospital emergency room on June 6, 2015.
• Rule 9: The defendant failed to comply as provided in two written warnings given on May 1, 2015, and May 18, 2015.

         At the revocation hearing, Robin Turnmire, a treatment specialist with Blount County Community Corrections, testified that she was Defendant's counselor while Defendant was under supervision in the community corrections program. She said that recently Defendant had "been absconded from a warrant. When we - - when the warrant was written, she was given the opportunity to turn herself in and she chose not to ...


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