Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs May 10, 2017
from the Circuit Court for Marshall County No. 13-CR-150
Franklin L. Russell, Judge
Appellant, Larsheika Hill, appeals the Marshall County
Circuit Court's revocation of her community corrections
sentence for selling or delivering cocaine and order that she
serve ten years in confinement. Based upon the record and the
parties' briefs, we affirm the judgment of the trial
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Matthew D. Wilson (on appeal), Lewisburg, Tennessee, and
Melissa L. Thomas (at trial), Fayetteville, Tennessee, for
the appellant, Larsheika Hill.
Herbert H. Slatery III, Attorney General and Reporter; Sohpia
S. Lee, Senior Counsel; Robert J. Carter, District Attorney
General; and Felicia Walkup, Assistant District Attorney
General, for the appellee, State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.
MCGEE OGLE, JUDGE
October 10, 2014, the Appellant pled guilty to selling or
delivering one-half gram or more of cocaine under a theory of
criminal responsibility, a Class B felony. On June 12, 2015,
the trial court imposed a sentence of nine years, six months
to be served in community corrections. Less than six months
later, on December 11, 2015, the
community corrections supervisor filed an affidavit stating
that the Appellant had violated the conditions of community
corrections by testing positive for cocaine and opiates on
November 23, 2015.
revocation hearing, Heather Nichols testified that she was
the Appellant's community corrections supervisor. At
first, the Appellant had to report to Nichols twice per week.
The Appellant was present at every scheduled appointment and
paid her supervision and court fees each month as required.
The Appellant had some health problems and reported all of
her prescribed medications to Nichols. However, the Appellant
failed an oral drug test on November 23, 2015, testing
positive for cocaine in the amount of seven nanograms per
milliliter. The drug test was also positive for opiates, but
the Appellant had a valid prescription for hydrocodone.
Nichols and the Appellant discussed the test results. The
Appellant claimed she did not use cocaine, so Nichols
contacted Aegis Laboratory, which had performed the test, and
requested additional "findings." She received a
report from Aegis, and the report did not indicate that the
Appellant's test result was a false positive for cocaine.
State introduced into evidence the Appellant's drug test
results and the subsequent report requested by Nichols.
According to the report, an "initial screen" was
performed on the Appellant's specimen and was
presumptively positive for opiates and cocaine metabolite. A
second test was performed using liquid chromatography/mass
spectrometry to identify the specific drugs and was positive
for hydrocodone, dihydrocodeine, norhydrocodone, and cocaine.
The report stated that a list of medications had been
provided to Aegis by the Appellant and that hydrocodone could
be the source for the Appellant's positive result for
opiates. However, none of the medications was a source for
the cocaine. The report stated that the Appellant's test
results were consistent with her use of opiates and cocaine
within three days prior to the collection of her specimen.
cross-examination, Nichols testified that the Appellant
committed no other violations, and she described the amount
of cocaine in the Appellant's system as "a low
number." She said that since she had been supervising
the Appellant, the Appellant had developed Bell's palsy