Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs November 15, 2016
from the Circuit Court for Blount County Nos. C-211-69 &
C-211-70 David R. Duggan, Judge
Defendant, Travis Pallaria, appeals as of right from the
Blount County Circuit Court's revocation of his community
corrections sentence. The Defendant cites evidence excusing
his violation and contends that the trial court was unduly
harsh and abused its discretion in ordering the Defendant to
serve the balance of his sentence in confinement. Following
our review, we affirm the revocation and confinement order of
the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Liddel Kirk (on appeal), Knoxville, Tennessee; and Mack
Garner, District Public Defender (at hearing), for the
Defendant, Travis Pallaria.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Michael L.
Flynn, District Attorney General; Matthew Dunn, Assistant
District Attorney General, for the appellee, State of
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Robert H. Montgomery, Jr., and Timothy L. Easter, JJ.,
KELLY THOMAS, JR., JUDGE
December 2013, the Defendant pled guilty to theft of property
valued at $1, 000 or more but less than $10, 000, a Class D
felony, and theft of property valued at $10, 000 or more but
less than $60, 000, a Class C felony. See Tenn. Code
Ann. §§ 39-14-103, -105. In exchange for his plea,
he received a four-year sentence and was placed on judicial
diversion. However, after committing new criminal offenses in
Virginia, the Defendant's diversion was terminated, and
the court ordered him to serve one year in confinement. Upon
his release, he was placed under community corrections. He
remained under community corrections until March 10, 2016,
when his community corrections supervisor issued a violation
warrant. The warrant alleged that the Defendant violated the
terms of his community corrections sentence by (1) violating
his curfew; (2) failing to pay required fees; and (3) being
untruthful to the supervision officer.
March 22, 2016 community corrections revocation hearing,
Richard Stonis, the Defendant's community corrections
supervisor, explained that the following facts gave rise to
the issuance of the warrant: The Defendant had a curfew of
8:00 p.m. On March 8, 2016, Mr. Stonis went to the
Defendant's residence at 9:10 p.m.; however, the
Defendant was not at home. Mr. Stonis called the Defendant
who explained that he was "at a friend's home
helping him clean and had lost track of time." The
Defendant further stated that he was on his way to pick up
his girlfriend at Firehouse Subs, her place of employment.
Mr. Stonis went to the Firehouse Subs' parking lot and
waited on the Defendant to arrive. At 9:57 p.m., Mr. Stonis
had not seen the Defendant, and he left. At a meeting with
the Defendant the next day, the Defendant told him that he
was driving a blue Honda and arrived at Firehouse Subs at
9:45 p.m. and returned to his residence at 10:35 p.m. Mr.
Stonis testified that he never saw a blue Honda in the
Firehouse Subs' parking lot.
Stonis further testified that the Defendant had failed to pay
his supervision fees from June 2015 to March 2016. On the day
before the hearing, the Defendant did pay past supervision
fees; however, he still owed fees for two months, according
to Mr. Stonis. Additionally, Mr. Stonis testified that the
Defendant informed him that he was "changing jobs"
but did not tell him that he had been fired from his previous
job. When later asked, the Defendant explained that he was
terminated from his job because he "didn't get along
with one of the managers." He claimed that he had
obtained another job at "Turf Masters" and
"would be starting the next night." At the time of
his arrest, the Defendant had not started a new job and had
not provided Mr. Stonis with proof of any employment.
cross-examination, Mr. Stonis acknowledged that this was the
Defendant's first violation of the terms of his community
corrections sentence and that the Defendant did not have a
substance abuse problem. Additionally, Mr. Stonis agreed that
the Defendant complied with the special conditions of his
community corrections sentence by attending "MRT"
Defendant testified in his own defense. He agreed that he
violated his curfew; however, he insisted that he had picked
up his girlfriend at Firehouse Subs on March 8, 2016. He
testified that upon his release, he would begin his new
employment and that he had set up a payment plan for his
remaining supervision fees. He claimed that he was behind in
his payments because he had multiple community corrections
officers and that he had "got[ten] confused."
Rather than serving the balance of his sentence in