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State v. Hardison

Court of Criminal Appeals of Tennessee, Nashville

April 6, 2017

STATE OF TENNESSEE
v.
TORY HARDISON

          Assigned on Briefs April 19, 2016

         Direct Appeal from the Circuit Court for Giles County No. 16333 J. Russell Parkes, Judge.

         The Appellant, Tory Hardison, pled guilty in the Giles County Circuit Court to the sale of .5 grams or more of cocaine, the sale of less than .5 grams of cocaine, the possession of .5 grams or more of cocaine with the intent to sell, and the possession of alprazolam with the intent to sell. Pursuant to the plea agreement, the Appellant received a total effective sentence of twenty years, which was suspended to community corrections. Thereafter, the trial court revoked the Appellant's community corrections sentences for failure to comply with the terms of release and ordered the Appellant to serve his original sentences in confinement. On appeal, the Appellant contends that his judgments of conviction are illegal and cannot be revoked. In the alternative, he contends that the trial court abused its discretion by revoking his community corrections sentences and ordering him to serve his sentences in confinement. Upon review, we conclude that the case must be remanded to the trial court for entry of corrected judgments. The judgments of the trial court are affirmed in all other respects.

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

          A. Colbrook Baddour, Pulaski, Tennessee, for the Appellant, Tory Hardison.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Brent A. Cooper, District Attorney General; and Jonathan W. Davis, Assistant District Attorney General, for the Appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE.

         I. Factual Background

         The record reflects that the Appellant was charged in case number 16333 with three counts of the sale of less than .5 grams of cocaine within a drug-free school zone and with two counts of the sale of .5 grams or more of cocaine within a drug-free school zone. In case number 16491, the Appellant was charged with possession of .5 grams or more of cocaine with the intent to sell, possession of marijuana, and possession of alprazolam.

         On October 29, 2013, the Appellant pled guilty pursuant to a written plea agreement whereby counts one and three of case number 16333 and count two of case number 16491 were dismissed and the school-zone enhancement was also dismissed. The written plea agreement provided that the Appellant would plead guilty as follows:

Case No.

Count

Offense

Class

Sentence

16333

1

sale less than .5 g. cocaine within a drug-free school zone

dismissed

16333

2

sale .5 g. or more cocaine

B felony

8 years

16333

3

sale .5 g. or more cocaine within a drug-free school zone

dismissed

16333

4

sale less than .5 g. cocaine

C felony

4 years consecutive to count 1 of case number 16333

16333

5

sale less than .5 g. cocaine in a drug-free school zone

dismissed

16491

1

possession .5 g. or more cocaine with intent to sell

B felony

8 years consecutive to count 4 of case number 16333

16491

2

possession of marijuana

dismissed

16491

3

possession of alprazolam

D felony

4 years concurrent with count 1 of case number 16333

         The Appellant was sentenced as a Range I, standard offender to a total effective sentence of twenty years, which was suspended, and he was placed on community corrections.

         On September 22, 2014, a warrant was issued alleging that the Appellant had violated the rules of community corrections by not reporting to his case officer. According to the warrant, the Appellant had not reported since August 18, 2014, despite having failed to report on a previous occasion and being warned about the consequences of the failure to report. The warrant also stated that the Appellant had been arrested twice for driving on a revoked license and once for failure to appear, that he had failed to report the new arrests, that he had failed to provide verification he had paid court costs, that he had failed to provide verification of employment despite warnings to do so, and that he was $165 in arrears for supervision fees. On November 17, 2014, an amended ...


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