Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Ogle

Court of Criminal Appeals of Tennessee, Knoxville

July 7, 2017

STATE OF TENNESSEE
v.
ELIJAH OGLE

          Assigned on Briefs May 17, 2017

         Appeal from the Circuit Court for Sevier County Nos. 14593, 14864, 14594, 14966-III Rex H. Ogle, Judge

         The Defendant, Elijah Ogle, pled guilty to aggravated burglary, robbery, aggravated assault, three counts of aggravated domestic assault, three counts of illegal possession of a firearm, domestic assault, possession of a weapon with the intent to go armed, possession of marijuana with the intent to sell or deliver, possession of a controlled substance, and possession of drug paraphernalia. He received an effective ten-year sentence which was to be served on probation. A violation of probation warrant was issued against the Defendant, charging him with having been arrested for aggravated domestic assault, failing to report the arrest to his probation officer, failing to refrain from contact with the victim, and continuing to engage in assaultive behavior. Following a hearing, the trial court revoked the Defendant's probation and ordered him to serve his sentence in prison. The Defendant appeals. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

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

          Edward C. Miller, District Public Defender, and Amber D. Haas, Assistant District Public Defender, for the appellant, Elijah Ogle.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Jimmy B. Dunn, District Attorney General; and Tim Norris, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert W. Wedemeyer, J., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         FACTUAL AND PROCEDURAL HISTORY

         The Defendant was charged with aggravated burglary, aggravated robbery, aggravated assault, three counts of aggravated domestic assault, three counts of illegal possession of a firearm, domestic assault, possession of a weapon with the intent to go armed, possession of marijuana with the intent to sell or deliver, possession of a controlled substance, and possession of drug paraphernalia.

         We glean from the technical record the following facts underlying the aforementioned charges. On April 15, 2009, the Defendant arrived at his home drunk and threatened to kill his then-fiancée, Ms. Erin McArdle. He also punched holes in the wall, took Ms. McArdle's keys, and would not let her leave the house. As Ms. McArdle showed the officers the damage to the wall, the officers observed marijuana and drug paraphernalia in plain view. On May 22, 2009, the Defendant gave consent for an officer to search his vehicle, and the officer discovered marijuana inside of the Defendant's jacket which was on the backseat of the vehicle. During the search, the officer also found a pair of brass knuckles. On July 19, 2009, the Defendant burglarized Mr. Jay Hampton's apartment, firing a gunshot near Mr. Hampton's head, demanding money from Mr. Hampton, and fleeing the scene with $1, 300. On August 16, 2009, the Defendant threatened Ms. McArdle and her mother with a firearm and punched Ms. McArdle in the head.

         On July 25, 2011, pursuant to a guilty plea, the Defendant was convicted of aggravated burglary, robbery, aggravated assault, three counts of aggravated domestic assault, three counts of illegal possession of a firearm, domestic assault, possession of a weapon with the intent to go armed, possession of marijuana with the intent to sell or deliver, possession of a controlled substance, and possession of drug paraphernalia and was sentenced to an effective ten years on probation.

         On August 2, 2015, trial court issued a violation of probation warrant against the Defendant, alleging that the Defendant had illegally possessed a firearm, possessing a firearm, and engaged in assaultive and threating behavior. On September 29, 2015, the trial court partially revoked the Defendant's probation, accepting the Defendant's plea to the violation of probation and ordering him to serve 365 days in confinement with the remainder on probation. On August 9, 2016, the Defendant's probation officer filed a violation of probation report, alleging that the Defendant was arrested for aggravated domestic assault, failed to report the arrest to his probation officer, failed to refrain from contact with the victim as required by an order of protection, and engaged in assaultive behavior.

         On October 18, 2016, at the revocation of probation hearing, Ms. McArdle, the victim of the aggravated domestic assault that forms the basis of the instant revocation, testified that the Defendant was the father of her children. Ms. McArdle testified that prior to the aggravated domestic assault, the Defendant asked her to come to the Days Inn where he was with their children. She believed that the Defendant simply wanted to let her see her children, and she decided to go. She explained that upon arriving at the Days Inn, she discovered the Defendant drinking and decided to talk with him. She testified that they were arguing over their children and that the Defendant called her a "whore." Ms. McArdle testified that the Defendant "just totally flipped out" and choked her. She explained that she thought she was going to die. She stated that the Defendant hit her, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.