Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs December 20, 2016
from the Criminal Court for Hamilton County Nos. 288216 &
293019 Barry A. Steelman, Judge
defendant, Tommy Lee Baldwin, appeals the revocation of the
probationary sentence imposed for his Hamilton County
Criminal Court guilty-pleaded convictions of violating his
community supervision requirement and of violating the sexual
offender registry act. Discerning no error, we affirm.
R. App. P. 3; Judgment of the Criminal Court Affirmed
F. Murchison, Assistant District Public Defender, for the
appellant, Tommy Lee Baldwin.
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Neal Pinkston,
District Attorney General; and Amanda Morrison, Assistant
District Attorney General, for the appellee, State of
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and John Everett Williams, J.,
CURWOOD WITT, JR., JUDGE.
November 19, 2014, the defendant pleaded guilty to one count
of violating the sexual offender registry act in case number
293019 in exchange for a two-year sentence to be served as 90
days' incarceration followed by supervised probation for
the balance of the sentence. On that same date, the defendant
pleaded guilty to one count of violating his lifetime
community supervision requirement in case number 288216 in
exchange for an 11-month-and-29-day sentence suspended to
supervised probation following the service of 60 days'
incarceration and to be served consecutively to the prior
sentence. In addition, as part of the defendant's
supervised probation in both cases, he was required to submit
to global positioning system ("GPS") monitoring.
January 13, 2015, the defendant's probation supervisor
filed a probation violation report, alleging that the
defendant had violated the terms of his probation by failing
to report within 48 hours of his release from incarceration
on December 22, 2014, to update his sexual offender registry
status and to receive his GPS monitoring device.
April 5, 2016 revocation hearing, William Ford, the
defendant's probation supervisor, testified that, upon
the defendant's release from split confinement, he failed
to report as required. Mr. Ford stated that his last contact
with the defendant occurred in March 2013, when the defendant
had informed Mr. Ford "that he was smoking marijuana,
was not going to pass a drug screen, he was behind in his
fees, and had not reported for sex offender treatment."
Those revelations prompted Mr. Ford to file for a violation
of lifetime community supervision in case number 288216.
Shortly thereafter, the defendant was charged in case number
293019 with violating the sexual offender registry act for
moving his residence without permission. Mr. Ford explained
that his supervision of the defendant began in December 2012
and that the defendant's prior probation officer had
reviewed the sexual offender registry rules with the
defendant. Mr. Ford added that, after he had filed the 2015
community supervision violation report, he learned from the
defendant's sexual offender treatment provider that the
defendant had been dismissed from the program due to
conclusion of the hearing, the trial court made the following
I think with sex offenders and the sex offender registry, the
purpose of that is so that we know where the sex offenders
are. [The defendant] got out in December of 2014 and was to
be on GPS monitoring and he knew that. The purpose of that is
so that somebody with responsibility for him knows where he
is at all times, and we didn't know where he was because
he chose not to comply.
And then he also has shown a history of not going for sex
offender treatment. That's a ...