Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 20, 2017
from the Circuit Court for Hickman County No. 2010-CR-5130
Michael W. Binkley, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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.
E. Glenn, J., delivered the opinion of the court, in which
Robert H. Montgomery, Jr., and Timothy L. Easter, JJ.,
E. GLENN, JUDGE
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 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.
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
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 ...