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State v. Taylor

Court of Criminal Appeals of Tennessee, Knoxville

July 20, 2017

STATE OF TENNESSEE
v.
CHRISTOPHER LYNN TAYLOR

          Assigned on Briefs April 26, 2017

         Appeal from the Circuit Court for Anderson County Nos. A9CR0675, B2C00176, & B2C00177 Donald R. Elledge, Judge

         The Defendant, Christopher Lynn Taylor, appeals as of right from the trial court's order of total incarceration after his second violation of his six-year probationary sentence. The Defendant contends that the trial court erred in determining that he was a danger to society and by denying his request for drug treatment in the Community Corrections Program. Following our review, we discern no error. Thus, we affirm the judgments of the trial court.

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

          J. Thomas Marshall, District Public Defender; and Nancy C. Meyer, Assistant District Public Defender, for the Defendant, Christopher Lynn Taylor.

          Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; David S. Clark, District Attorney General; and Emily F. Abbott, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Robert L. Holloway, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         On October 26, 2010, the Anderson County Grand Jury indicted the Defedant for one count of possession of a controlled substance in a penal facility in case number A9CR0675. See Tenn. Code Ann. § 39-16-201. On February 11, 2013, the Defendant was charged by information with driving while restricted as a habitual motor vehicle and burglary in cases numbers B2C00176 and B2C00177, respectively. See Tenn. Code Ann. §§ 55-10-616, 39-14-402. The Defendant pled guilty and received a four-year sentence with all but seventy-five days suspended for the drug offense in case number A9CR0675. This sentence was to run consecutively with cases B2C00176 and B2C00177 and two others; however, the judgments in cases B2C00176 and B2C00177 are not included in the appellate record. It appears from the record that the Defendant was sentenced to a total of two years' probation for the habitual motor vehicle offender violation in case number B2C00176 and the burglary in case number B2C00177. It further appears that the Defendant's total effective sentence in all three cases was six years on probation.

         On February 18, 2016, a violation of probation was issued regarding cases A9CR0675, B2C00176, and B2C00177. The warrant alleged that the Defendant was arrested for aggravated assault, domestic assault, aggravated robbery, evading arrest, and possession of drug paraphernalia. The warrant further alleged that the Defendant was discharged from in-patient treatment, was"referred back to IOP and failed to complete FSW recommendation as instructed"; that the Defendant had not reported to his probation officer since December 22, 2015; that the Defendant had tested positive for cocaine; that the Defendant still owed $2, 669.50 in court costs; that the Defendant owed $150 in unpaid restitution; and that the Defendant had acted in a threatening manner toward the victim of the offenses for which he was arrested, "allegedly chok[ing] his victim, [strangling] her, and brandish[ing] a knife."

         On June 13, 2016, the trial court held a hearing to consider these alleged violations. After reviewing the record, the trial court determined that this was the Defendant's second probation violation. At a revocation hearing, the following testimony was presented.

         Andrew Curtis testified that he was a probation officer employed with the Tennessee Department of Correction. He was the Defendant's probation officer and had been supervising the Defendant since prior to the previous probation violation. When asked how he attempted "to try to get [the Defendant] on track" after the first violation, Mr. Curtis replied,

After the first violation, [the Defendant had] served 364 days in Anderson County jail. We got him back on his feet and running again, but he was out early from that 364 because he needed out. And he was going to do some jail terms. So, he had several 30 day jail terms, so it was really hard to do anything ...

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