Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 20, 2017
from the Circuit Court for Giles County No. 11736 Stella L.
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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.,
TIMOTHY L. EASTER, JUDGE.
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.
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.
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Defendant's probation was revoked but that Defendant was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.
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
"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 ...