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State v. Wilson

Court of Criminal Appeals of Tennessee, Nashville

July 11, 2017

STATE OF TENNESSEE
v.
DEVON ALVON WILSON

          Assigned on Briefs June 27, 2017 at Knoxville

         Appeal from the Circuit Court for Maury County No. 20425, 21698, 20700 Stella L. Hargrove, Judge

         Devon Alvon Wilson ("the Defendant") appeals the Maury County Circuit Court's order revoking his probation and imposing his sixteen-year sentence for three counts of possession of more than 0.5 grams of cocaine with intent to sell, three counts of possession of marijuana with intent to sell, possession of a Schedule III substance with intent to sell, and evading arrest. On appeal, the Defendant acknowledges that he violated probation but argues that the trial court should have ordered only a partial revocation. Discerning no error, we affirm the judgment of the trial court.

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

          Claudia Jack, District Public Defender; Michelle VanDeRee, Assistant District Public Defender (on appeal and at trial); Brandon E. White (on appeal), Columbia, Tennessee, for the appellant, Devon Alvon Wilson.

          Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; Brent A. Cooper, District Attorney General; and Dan Runde, 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 Camille R. McMullen, JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         I. Factual and Procedural Background

         In September 2014, the Defendant entered into a global plea agreement in relation to charges filed against him in three different cases. The agreement is summarized as follows:

Case No.

Count

Offense

Sentence

21698

1

Possession of more than 0.5 grams of cocaine with intent to sell

8 years on probation; concurrent with counts 2, 3, and 4, consecutive to count 6

21698

2

Possession of more than 0.5 grams of cocaine with intent to sell

8 years on probation; concurrent with counts 1, 3, and 4, consecutive to count 6

21698

3

Possession of marijuana with intent to sell

2 years on probation; concurrent with counts 1, 2, and 4, consecutive to count 6

21698

4

Possession of a Schedule III substance with intent to sell

2 years on probation; concurrent with counts 1, 2, and 3, consecutive to count 6

21698

6

Possession of a firearm during the commission of a dangerous felony

3 years in custody, served 100%

20425

1

Possession of marijuana with intent to sell

2 years on probation; consecutive to case no. 21698

20425

2

Evading Arrest

2 years on probation; concurrent with count 1

20700

1

Possession of more than 0.5 grams of cocaine with intent to sell

8 years on probation; concurrent with case no. 20425, consecutive to case no. 21698

20700

2

Possession of marijuana with intent to sell

2 years on probation; concurrent with count 1

         These convictions resulted in an effective nineteen-year sentence, composed of a three-year sentence in custody, followed by two consecutive eight-year probationary sentences.

         On January 28, 2015, the Defendant was arrested after selling an undercover police officer a bag of white powder.[1] A probation violation warrant was issued for the Defendant on February 24, 2015, alleging that the Defendant had violated his probation based on the January 28 arrest, his failure to report to his probation officer, and failure to pay fines and supervision fees. At a probation revocation hearing, the State called two witnesses, Felicia Helton, a probation officer, and Gerrod Shirey, an Investigator for the Pulaski Police Department who was involved in the investigation that led to the Defendant's January 28 arrest. Ms. Helton testified about the various violations included in the probation revocation warrant. Ms. Helton testified that the warrant included four grounds for prospective revocation. Ms. Helton testified that the warrant alleged that Defendant had been arrested on January 28, 2015, which violated rule one of the Defendant's probation agreement; the Defendant failed to notify his probation officer of his change of residence, which violated rule five; the Defendant had failed to contact his probation officer since February 6, 2015, in violation of rule six; and the Defendant had stopped making payments on his court fines and supervision fee arrearage in February of 2013, in violation of rule nine. Ms. Helton testified that the Defendant's probation officer had attempted to contact the Defendant using the information he provided, but another resident of the Pulaski address told the probation officer that the Defendant was no longer a resident of that address. Ms. Helton also testified that the Defendant ceased communications with his probation officer after he posted bond in relation to the January 28 arrest and that his probation officer considered the Defendant "to have absconded from probation supervision." Ms. Helton testified that the Defendant's case was turned over to the absconding unit in Nashville, where the absconding unit would work with local and federal law enforcement to locate the Defendant.

         Investigator Shirey testified about the investigation that led to the Defendant's January 28 arrest. Investigator Shirey received information from the Drug Task Force that the Defendant wanted to engage in a drug transaction with one of the department's undercover agents. Investigator Shirey assisted in the controlled cocaine transaction between the undercover agent and the Defendant, where the Defendant sold the agent a bag of white powder. According to Investigator Shirey's testimony, the Defendant waited for the undercover agent in the bathroom of an Exxon gas station in Pulaski, Tennessee, where the transaction occurred. Shortly after the Defendant emerged from the bathroom, he entered his car and drove a short distance where he was stopped and arrested by waiting officers. Investigator Shirey testified that the officers searched the Defendant and found the marked ...


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