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State v. Ogg

Court of Criminal Appeals of Tennessee, Nashville

June 29, 2017

STATE OF TENNESSEE
v.
BOBBY W. OGG

          Assigned on Briefs January 10, 2017

         Appeal from the Circuit Court for Robertson County Nos. 74CC3-2014-CR-87, 74CC3-2014-CR-94 Jill Bartee Ayers, Judge

         Defendant, Bobby W. Ogg, pled guilty to theft of property over $500 in case no. 74CC3-2014-CR-87 and theft of property over $1, 000 in case no. 74CC3-2014-CR-94 and received an effective two-year sentence on community corrections. Defendant violated the terms of community corrections "by failing to report and new charges in Robertson and Sumner County, " and he was ordered to serve the remainder of his sentence. On February 23, 2015, Defendant was released on Determinate Release probation. A probation violation warrant was issued on November 13, 2015, charging that Defendant had violated his probation, and, after a hearing, the trial court revoked the Defendant's probation and ordered him to serve the remainder of his sentence in confinement. Defendant now appeals, contending that the trial court erred by ordering him to serve the remainder of his original sentence in confinement. After thoroughly reviewing the record and applicable authorities, we affirm the trial court's judgment.

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

          Roger Eric Nell, District Public Defender; and Collier W. Goodlett, Assistant Public Defender, Springfield, Tennessee, for the appellant, Bobby W. Ogg.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; John Wesley Carney, Jr., District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Probation Violation Hearing

         Deputy Cody Gupton of the Robertson County Sheriff's Department testified that on November 12, 2015, he was aware that Defendant's driver's license had been revoked. He testified:

I was driving on Owens Chapel headed towards Highway 49 and I passed [Defendant], he was driving a primered S-10. Turned around on the vehicle, which I believe at that time, he noticed my vehicle turn around on him and I wasn't able to bring my radar but it took me probably a mile and a half to catch his vehicle, at ninety plus miles an hour. At that point, he was in the driveway at a residence on Roy Coye and had started to get out of the vehicle, got him back - had him sit back in the vehicle. Ran - confirmed that he had - through NCIC that his license [was] still revoked and he was arrested that day for driving on a revoked license.

         A certified copy of Defendant's driving history was introduced at the hearing, showing that the status of Defendant's driver's license on November 15, 2015, was revoked. In addition to placing Defendant under arrest, Deputy Gupton issued a citation to Defendant for the misuse of registration and "a couple of other traffic [violations]."

         Defendant's probation officer, Sabrina Seaborn, testified that Defendant violated his original community corrections sentence and was ultimately placed on Determinate Release and assigned to her in February of 2015. Ms. Seaborn testified that Defendant "admitted to the use of THC in May of 2015 and then when he was tested again, he admitted to use of THC [on] [ ], August 25th and July of 2015." She also had an "admission form" signed by Defendant on August 26, 2015, admitting to the use of marijuana.

         Ms. Seaborn testified that she made Defendant an appointment with a forensic social worker for October 6, 2015. She said that Defendant "missed October 6th, October 8th, [ ], November 5th, November 9th and November 10[, 2015]." Ms. Seaborn testified that Defendant missed the social work visit on October 6, 2015, but he showed up at her office unexpectedly on October 20, 2015. She said that Defendant had trouble keeping scheduled visits and that he would call her and say that "he didn't have a ride, he didn't have a way to get there, and then he would show up at the office and I wouldn't refuse to see him." Ms. Seaborn testified that she scheduled a drug test for Defendant on November 10, 2015, but he ...


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