Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs April 26, 2017
from the Circuit Court for Anderson County Nos. A9CR0675,
B2C00176, & B2C00177 Donald R. Elledge, Judge
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.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
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
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Robert L. Holloway, Jr., and Robert H. Montgomery, Jr.,
KELLY THOMAS, JR., JUDGE
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.
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."
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.
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.
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