Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs March 14, 2017
from the Circuit Court for Franklin County No. 15-CR-187 J.
Curtis Smith, Judge
Defendant, Teena Marie Bright, pleaded guilty to possession
of .5 gram or more of a methamphetamine with intent to
manufacture, sell, or deliver. Pursuant to the plea
agreement, the trial court sentenced the Defendant to eight
years as a Range I, standard offender. The sentence was
suspended to supervised probation after 158 days in
confinement. A violation of probation warrant was
subsequently issued, and, after a hearing, the trial court
revoked the Defendant's probation and ordered service of
the balance of the sentence in confinement. The Defendant
appeals the trial court's order that she serve her
sentence in confinement. We affirm the trial court's
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
D. Layne, Winchester, Tennessee, for the appellant, Teena
Herbert H. Slatery III, Attorney General and Reporter; Leslie
E. Price, Senior Counsel; J. Michael Taylor, District
Attorney General; and Steven H. Strain, Assistant District
Attorney General, for the appellee, State of Tennessee.
W. Wedemeyer, J., delivered the opinion of the court, in
which Norma McGee Ogle and Camille R. McMullen, JJ., joined.
W. WEDEMEYER, JUDGE
September 24, 2015, the Defendant pleaded guilty to
possession of .5 gram or more of a methamphetamine with
intent to manufacture, sell, or deliver. The trial court
sentenced the Defendant to serve eight years as a Range I
standard offender, suspended to supervised probation after
158 days in confinement. The judgment included as conditions
of probation that the Defendant be supervised by the
Community Corrections program and participate in drug court.
A copy of the "Drug Court Program Participant Waiver and
Agreement and Order" is included in the record. The
Defendant had initialed each provision and signed the
document on the final page indicating her acknowledgement of
the requirements of the Drug Court Program.
probation violation warrant was filed on June 28, 2016, based
upon the June 23, 2016 order terminating the Defendant from
drug court. The order terminating the Defendant from drug
court identified the Defendant's failure to follow
instructions and "curfew violations" as the
violations resulting in her discharge. On December 9, 2015,
the trial court held a probation revocation hearing.
Bailey, the Drug Court Director, testified at the hearing
that the Defendant was admitted to the Drug Court Program and
then went to residential rehabilitation before entering the
Drug Court Program with intensive outpatient and "other
entities." Mr. Bailey stated that "after a short
period of time" it became apparent that the Defendant
had difficulty following instructions and complying with the
Court's directions. Mr. Bailey explained that if it were
not for the Drug Court Program, the Defendant would be in the
Tennessee Department of Correction custody; therefore, it was
not only for her benefit to comply with program requirements
but also for the benefit of the community.
Bailey testified that on March 31, 2016, the Defendant was
twenty minutes late to an appointment at Centerstone. On
April 1, 2016, the Defendant "called in for curfew"
at 8:55 p.m. but was observed by her case manager at Wal-Mart
some distance from her residence at 8:54 p.m. The Defendant
was sanctioned for this violation on April 21, 2016, and
admitted that she lied and violated her curfew. The Defendant
was sanctioned a second time on June 2, 2016, for driving
without a license, a curfew violation, and for lying. Based
upon these instances, the Defendant was placed
"on-the-clock, " where the Defendant was required
to perform specific duties for each day to show that she was
serious about compliance. The Defendant failed to meet her
responsibilities with these newly imposed daily duties and
ultimately was terminated from the program.
Bailey testified that he was aware of alternative treatment
programs that might be available to the Defendant; however,
he did not believe she would benefit from any of those
programs at that time. He further opined that he did ...