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State v. Sherrod

Court of Criminal Appeals of Tennessee, Nashville

February 22, 2017

STATE OF TENNESSEE
v.
TERRY SHERROD

          Assigned on Briefs February 15, 2017

         Appeal from the Circuit Court for Montgomery County Nos. 41400411, 41400412 William R. Goodman, III, Judge

         Defendant, Terry Sherrod, pled guilty in two separate cases to domestic assault and possession of a Schedule IV drug with the intent to sell or deliver. As a result of the guilty pleas, he received an effective sentence of four years to be served on Community Corrections. Subsequently, an affidavit and warrant were filed alleging Defendant violated the conditions of his sentence. After a hearing, the trial court revoked Defendant's Community Corrections sentence and ordered him to serve the remainder of his original sentence of four years with credit for 580 days. Defendant appeals the revocation. After a review, we determine that the trial court did not abuse its discretion by determining that Defendant violated the terms of his Community Corrections sentence. Accordingly, the judgment of the trial court is affirmed. However, we remand the case for the entry of proper judgment forms for the charges that were dismissed as a result of the guilty plea.

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

          Jacob W. Fendley, Clarksville, Tennessee, for the appellant, Terry Sherrod.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; John W. Carney, Jr., District Attorney General; and Lee Willoughby, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert W. Wedemeyer, J., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE

          Facts

         In April of 2014, Defendant was indicted in case number 41400411 for one count of aggravated assault and one count of theft of property with a value of less than $500. That same month, Defendant was indicted in case number 41400412 for one count of possession of a Schedule IV drug, Diazepam, with the intent to manufacture, sell, or deliver and one count of simple possession of cocaine. In September of 2015, Defendant pled guilty to one count of domestic assault in exchange for a sentence of eleven months and twenty-nine days and to one count of possession of Diazepam with the intent to sell or deliver in exchange for a sentence of four years. The sentences were to be served concurrently on Community Corrections.[1]

         As part of his Community Corrections sentence, Defendant signed and received a form titled "Sentencing Order/Behavioral Conditions of Release" detailing the terms and conditions of Defendant's Community Corrections sentence. Rule 6 ordered Defendant to "[r]emain arrest free; obey the laws of the United States or any State in which he/she may be as well as any Municipal ordinances."

         On January 25, 2016, an affidavit and accompanying warrant were filed alleging that Defendant had violated Community Corrections because he "failed to comply with the law & be law abiding." Specifically, the affidavit alleged that Defendant was arrested in Montgomery County on January 20, 2016, for aggravated assault and public intoxication. The warrant was served on Defendant on January 26, 2016.

         The trial court held a hearing on the violation on May 5, 2016. Detective Brittany Feinberg of the Clarksville Police Department testified at the hearing. On the night of January 19, 2016, she responded to a call at Ms. Tommy French's apartment about a possible aggravated assault or reckless endangerment. When she arrived she observed three people at the residence including Defendant, Ms. French, and Steve Black. Detective Feinberg believed that all three people were intoxicated. Ms. French had a rather large cut on her arm and told the detective that everyone at the apartment had been drinking. Ms. French told the detective that, at some point, she went into the bathroom. She could hear Mr. Black and Defendant arguing and then heard a loud bang. When she got back into the living room, the men were fighting. Ms. French saw a knife and tried to break up the fight. Defendant cut Ms. French with the knife in the process. Defendant apologized for stabbing her. A pocket knife was removed from Defendant's pocket after police arrived. A second knife was found on the floor of the residence and later tested positive for blood. Defendant was arrested.

         Detective Feinberg monitored Defendant's calls from the jail after his arrest. During a telephone call to a "Ms. Lorraine, " Defendant admitted that he violated his probation but told her that if the victim did not show ...


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