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State v. Burris

Court of Criminal Appeals of Tennessee, Knoxville

May 19, 2017

STATE OF TENNESSEE
v.
KEVIN SCOTT BURRIS

          Assigned on Briefs April 26, 2017

         Appeal from the Circuit Court for Blount County No. C-21692 Tammy M. Harrington, Judge

         Kevin Scott Burris' ("the Defendant") community corrections officer filed an affidavit, alleging that the Defendant had violated the conditions of community corrections. Following two hearings, the trial court revoked the Defendant's community corrections supervision and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant argues that the trial court abused its discretion by ordering him to serve his sentence in confinement. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion. The judgment of the trial court is affirmed.

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

          J. Liddell Kirk (on appeal), Knoxville, Tennessee and Mack Garner, District Public Defender (at trial), for the appellant, Kevin Scott Burris.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Matthew L. Dunn, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         I. Factual and Procedural Background

         On March 13, 2014, the Defendant pleaded guilty to promotion of methamphetamine manufacture, a Class D felony, and conspiracy to manufacture five grams or more of methamphetamine, a Class C felony. The trial court sentenced the Defendant to an effective sentence of three years to be served on supervised probation. The Defendant's probation was revoked, and he was transferred to community corrections. On February 19, 2016, the Defendant's community corrections officer filed an affidavit, stating that the Defendant violated Rule 1 by failing to comply with curfew, violated Rule 5 based on a positive drug screen for amphetamines and methamphetamine, and violated Rule 6 for associating with persons of ill repute. A warrant was issued by the circuit court on the same date. On April 4, 2016, the trial court held a hearing and found that the Defendant had violated the conditions of his community corrections.[1] On July 8, 2016, a second hearing on the warrant was held to determine the punishment for the violation.

         At the start of the second hearing, the following exchange took place:

[DEFENDANT'S COUNSEL]: [If the] Court please, if I may make a short opening statement, as the General may need to, but I think we can shorten most of it down. We had a hearing on a Community Corrections Violation on April 4, 2016.
THE COURT: We did.
[DEFENDANT'S COUNSEL]: The Court found that [the Defendant] had violated his probation - first Community Corrections, found that this was the second violation. His first having been found on the 11th day of July, looks like, 2014. And I think he was given a split confinement and transferred to Community Corrections, if I'm remembering that right. The Court -- I can't remember if it was by agreement of the parties and by ...

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