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State v. Dowlen

Court of Criminal Appeals of Tennessee, Nashville

August 8, 2017

STATE OF TENNESSEE
v.
ANTHONY DOWLEN

          Assigned on Briefs Date: June 20, 2017

         Appeal from the Circuit Court for Rutherford County Nos. F-69958, F-70468A David M. Bragg, Judge

         The Defendant, Anthony Dowlen, appeals the Rutherford County Circuit Court's order revoking his community corrections sentence for his convictions for robbery, possession of a weapon, and evading arrest, and ordering him to serve the remainder of his effective twenty-five-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his community corrections sentence. We affirm the judgments of the trial court.

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

          Gerald L. Melton, District Public Defender, and S. Ray White, Assistant Public Defender, for the appellant, Anthony Dowlen.

          Herbert H. Slatery III, Attorney General and Reporter; Renee Turner, Senior Counsel; Jennings H. Jones, District Attorney General; and Shawn Puckett, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE

         On September 5, 2014, the Defendant was convicted of robbery, possession of a weapon, and evading arrest. The trial court placed the Defendant under supervision of the community corrections program. On February 19, 2016, a community corrections violation warrant was filed with the trial court and alleged that the Defendant tested positive for cocaine, that the Defendant admitted to using marijuana and to selling drugs, and that the Defendant violated his curfew on July 15, 2015. On May 16, 2016, a second warrant was issued, alleging that the Defendant had not reported to the community corrections office since February 23, 2016, and was considered to have absconded from supervision.

         At the revocation hearing, community corrections officer Brian Hawkins testified that he supervised the Defendant. Mr. Hawkins said that the Defendant's previous officer, Taylor Doyle, had filed two violation warrants against the Defendant. One warrant was filed when the Defendant absconded, and a second warrant was filed when the Defendant tested positive for cocaine. Mr. Hawkins further stated that on December 13, 2015, the Defendant admitted to using marijuana, that on January 5, 2016, the Defendant admitted to selling drugs, and that on July 15, 2015, Defendant failed to meet curfew.

         Mr. Hawkins testified that the Defendant had signed an admission for failure to meet curfew and had also signed admissions for absconding, using marijuana, testing positive for cocaine, and selling drugs. Mr. Hawkins testified that these signed admissions were in the Defendant's community corrections file.

         On cross-examination, Mr. Hawkins testified that he had met the Defendant before being assigned as his community corrections officer. Mr. Hawkins stated two other community corrections officers had briefly supervised the Defendant before Ms. Doyle. Mr. Hawkins stated that when the Defendant reported for supervision on February 23, 2016, the Defendant met with Ms. Doyle. Mr. Hawkins stated that he did not overhear the conversation between Ms. Doyle and the Defendant.

         Mr. Hawkins testified that he had Ms. Doyle's notes from the February 23, 2016 meeting. Ms. Doyle's notes indicated that she advised the Defendant a warrant for his community corrections violation had been issued, that the Defendant planned to turn himself in "after his little girl's fifth birthday on Thursday, " that the Defendant had been suicidal, and that Ms. Doyle advised the Defendant to seek counseling.

         The Defendant testified that during December 2015 and January 2016, he was homeless. Relative to his admitting that he sold cocaine, he stated that he believed he was admitting drug use, not that he sold them. The Defendant testified that he had limited contact with Mr. Hawkins other than when Mr. Hawkins administered the drug test. The Defendant said he had not paid his court costs because he was ...


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