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State v. Reynolds

Court of Criminal Appeals of Tennessee, Nashville

July 19, 2017

STATE OF TENNESSEE
v.
TIMOTHY REYNOLDS

          Assigned on Briefs June 20, 2017

         Appeal from the Circuit Court for Giles County No. 11736 Stella L. Hargrove, Judge.

         Defendant, Timothy Reynolds, pled guilty to the sale of less than .5 grams of cocaine. As a result of the guilty plea he was sentenced to six years with one year to serve and the remainder to be served on supervised probation. After Defendant's probation was partially revoked on two separate occasions, a third probation violation resulted in the complete revocation of probation. Defendant appeals the revocation of probation. We affirm the trial court's decision to revoke Defendant's probation.

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

          Claudia Jack, District Public Defender; Hershell Koger (at hearing and on appeal), Assistant District Public Defender; and Brandon E. White (on appeal), Columbia, Tennessee, for the appellant, Timothy Reynolds.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Brent Cooper, District Attorney General; and Jonathan Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE.

         Factual Background

         Defendant was indicted in early June of 2014 for the sale of cocaine, a Class B felony. In October of that same year, Defendant pled guilty to an amended charge of the sale of less than .5 grams of cocaine, a Class C felony. As part of the guilty plea, Defendant was sentenced to six years. After the service of one year in incarceration, Defendant's sentence was to be suspended to supervised probation.

         On July 15, 2015, the first probation violation report was filed. It alleged Defendant had committed a robbery on June 28 and had failed to pay probation fees. The trial court partially revoked Defendant's probation, ordering him to serve 75 days in the county jail prior to reinstatement to probation.

         On November 3, 2015, a second probation violation report was filed. This report alleged Defendant committed vandalism on September 27, 2015, failed to report the arrest to his probation officer, and failed to pay supervision fees. The report was amended in December to reflect an arrest on December 12, 2015, for public intoxication. The trial court's order on the violation indicates that Defendant's probation was revoked but that Defendant was immediately reinstated to probation. The special conditions box states: "Defendant is immediately reinstated to probation. This revocation is based upon an amended revocation warrant alleging public intoxication. That amended warrant is now void." Defendant reported to his probation officer in January, February, and one time in March of 2016 before ceasing the visits. A third probation violation report was filed in May of 2016, alleging that Defendant failed to provide proof of employment; failed to report on March 10, two dates in April, and the entire month of May; and failed to pay supervision fees and court costs.

         Defendant explained at the hearing on the violation that he tried to report to his probation officer. He "called the office in Lawrenceburg and . . . received recordings" on "several occasions." Defendant even went to the courthouse and attempted to speak with someone. Defendant claims the person at the courthouse told him he "was not the probation officer of this area" and that he should "keep trying." Defendant was told at his last report date in March that he "was to have employment and a place of residence." Defendant explained that he could not get a job locally because he was a felon so he "went to Nashville, " where he got a job. Defendant first worked at Jimmy John's and then, in April of 2016, got a job at J.E. Dunn Construction. Defendant also had a place to live.

         Defendant "spoke to a probation officer on Murfreesboro Road [in Nashville]" but did not inform his assigned probation officer. He turned himself in once he found out that he was considered to have absconded from probation. Defendant testified that he worked up until his "intake day" in August and that ...


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