Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs Date: June 20, 2017
from the Circuit Court for Rutherford County Nos. F-69958,
F-70468A David M. Bragg, Judge
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.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
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.
H. Montgomery, Jr., J., delivered the opinion of the court,
in which Alan e. Glenn and Timothy L. Easter, JJ., joined.
H. MONTGOMERY, JR., JUDGE
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.
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
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
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.
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
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 ...