Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs May 17, 2017
from the Criminal Court for Washington County Nos. 37022,
37028, 37030, 37032, 37593, 40228 Stacy L. Street, Judge
Defendant, Richard Adrian Vaughn, pleaded guilty to one count
of hindering a secured creditor, one count of writing a
worthless check, and four counts of theft. The trial court
ordered the Defendant to serve an agreed upon five-year
sentence, suspended to six years of probation. In December
2015 and May 2016, probation violation reports were filed
with the trial court based upon multiple alleged violations.
After a hearing, the trial court revoked the Defendant's
probation for absconding and testing positive for drugs. On
appeal, the Defendant asserts that the trial court abused its
discretion in revoking his probation. We affirm the trial
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Jeffery C. Kelly, District Public Defender, and William L.
Francisco, Assistant Public Defender, Johnson City,
Tennessee, for the appellant, Richard Adrian Vaughn.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Anthony W.
Clark, District Attorney General; and Kenneth C. Baldwin,
Assistant District Attorney General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J. and John Everett Williams, J.,
W. WEDEMEYER, JUDGE
2011, the Defendant pleaded guilty to hindering a secured
creditor, writing a worthless check, four counts of theft,
and failure to appear in exchange for a five-year sentence
suspended to six years of probation. In January 2015, the
Defendant was again charged with three counts of theft. In
July 2015, the Defendant pleaded guilty to two of the three
counts for a two-year sentence to run consecutively to his
prior five-year sentence. The Defendant's prior probation
sentence was revoked and reinstated with the requirement he
attend the Day Reporting Center ("DRC").
the course of the next year, two probation violation reports
were filed. The first alleged the Defendant admitted to use
of oxycodone and denied the use of benzodiazepines. A
subsequent drug test revealed the presence of both oxycodone
and benzodiazepines. The DRC requested the probation
violation report be left "open" to continue
monitoring the Defendant. The second probation violation was
filed based upon the Defendant's failure to attend the
DRC and his failure to make contact with his probation
officer. The DRC filed a discharge summary stating it
considered the Defendant an absconder and recommended that he
serve his sentence in the Tennessee Department of Correction.
trial court held a hearing on November 16, 2016. The
Defendant was sworn in, and he waived his right to a hearing
and entered a plea of guilty to the probation violation
allegations. The trial court asked the Defendant if he had
anything to add to the discharge summary from the DRC, and
the Defendant responded that he did not. The trial court then
asked the Defendant's probation officer if she had
anything to add, and the probation officer stated the
[The Defendant] was my client and I did a plan with him,
arranged NET Trans every day, you name it, and he still took
upon himself to abscond. I called him repeatedly and said,
what can I do to help you, and he . . . ignored me. And I
called his boss and even asked his boss to get him into the
Day Reporting Center, did everything I could do for him. I -
I recommend he serve his sentence.
State agreed with the recommendation stating, "it
doesn't seem like he's giving the people who's
[sic] tried to ...