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State v. Gossage

Court of Criminal Appeals of Tennessee, Nashville

September 26, 2017

STATE OF TENNESSEE
v.
BARRY WAYNE GOSSAGE

          Assigned on Briefs June 20, 2017

         Appeal from the Circuit Court for Hickman County No. 2010-CR-5130 Michael W. Binkley, Judge

         The Defendant, Barry Wayne Gossage, appeals the trial court's revocation of his probation and reinstatement of his original sentence in confinement. On appeal, he argues that he should have been sentenced to a new term of community corrections or probation. Following our review, we affirm the judgment of the trial court.

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

          Richard Boehms, Hohenwald, Tennessee, for the appellant, Barry Wayne Gossage.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Kim R. Helper, District Attorney General; and Kate Yeager Delk, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          ALAN E. GLENN, JUDGE

         FACTS

         On December 21, 2010, the Defendant pled nolo contendere to aggravated robbery and theft of property under $1000. Pursuant to the plea agreement, the Defendant was sentenced to concurrent terms of ten years for the aggravated robbery conviction and one year for the theft conviction, with one year to be served in confinement and the remainder on community corrections.

         A community corrections violation warrant was issued on December 10, 2015, alleging that the Defendant had been untruthful about his court date in a Williamson County case, had not reported for a drug screen, and had violated his house arrest. The Defendant admitted the violations, and the trial court entered an order on March 9, 2016, revoking the community corrections sentence and transferring the Defendant to probation for the remainder of his sentence, with the conditions that he successfully complete the rehabilitation program at Hope Center Ministries and plead guilty in the Williamson County case.

         On June 14, 2016, a probation violation warrant was issued, alleging that the Defendant had been discharged from the Hope Center for noncompliance. At the probation violation hearing, Roy Stinson testified that he had been employed with community corrections since February 2013 and that the Defendant already had two violations in the system when Mr. Stinson took over his supervision from another case worker. Mr. Stinson testified regarding the Defendant's conduct while on community corrections:

[The Defendant] . . . would fail numerous drug test[s]. In addition to failing a drug test, he would be seen out without having permission to be out. . . . As I recall, I tried several things with [the Defendant] as far as moving him back to level one, having him come see me more often. That just didn't seem to work. And in the very end right before I did the violations, there [were] . . . additional charges that he had received in - out of Williamson County, I think it was.

         Mr. Stinson said that the Defendant was dishonest about his Williamson County case. The Defendant's community corrections sentence was revoked in March 2016, and he was allowed to enter the Hope Center ...


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