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State v. Clark

Court of Criminal Appeals of Tennessee, Nashville

October 16, 2017

STATE OF TENNESSEE
v.
VINCENT D. CLARK

          July 18, 2017 Session

         Appeal from the Circuit Court for Montgomery County No. 41200787 William R. Goodman, III, Judge

         In this appeal as of right, the State challenges the Montgomery County Circuit Court's dismissal of a probation revocation warrant as untimely. Because the probationary period of the defendant, Vincent D. Clark, had not expired at the time of the filing of the revocation warrant, the trial court erred in its dismissal. Accordingly, we vacate the trial court's judgment and remand for a new hearing.

         Tenn. R. App. P. 3; Judgment of the Circuit Court Vacated; Remanded

          Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; John W. Carney, District Attorney General; and Chris Dotson, Assistant District Attorney General, for the appellant, State of Tennessee.

          Travis N. Meeks, Clarksville, Tennessee, for the appellee, Vincent D. Clark.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which John Everett Williams and Timothy L. Easter, JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         On September 12, 2012, the defendant pleaded guilty to one count each of reckless homicide and reckless aggravated assault in exchange for concurrent four-year sentences to be served on probation following the service of one year in confinement. The defendant received 59 days of pretrial jail credit.

         On February 17, 2013, the defendant was released from the Montgomery County jail after serving 217 days, having received 143 credit days. Nearly five months later, on July 8, 2013, the trial court issued a probation violation warrant against the defendant for multiple violations. The trial court dismissed the warrant on March 7, 2014, and reinstated the defendant to probation.

         On July 8, 2015, the trial court again issued a probation violation warrant. On December 17, 2015, the defendant admitted the violations, and the trial court reinstated him to probation.

         On June 20, 2016, the defendant's probation supervisor filed a probation violation report, alleging that the defendant had violated the terms of his probation by failing two separate drug screens. The trial court issued a third probation violation warrant on that same date and conducted a hearing on September 15, 2016.

         At the hearing, the defendant argued that, because he was released from incarceration on February 17, 2013, having fulfilled his one-year sentence of confinement, his remaining three-year probationary sentence had expired on February 17, 2016, and that the June 20, 2016 probation violation warrant was therefore issued too late. The trial court agreed, finding that the defendant's "probation was completed in February 2016." The trial court subsequently dismissed the probation violation warrant.

         From this dismissal, the State appeals, arguing that the defendant's four-year sentence had not expired at the time of ...


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