Court of Criminal Appeals of Tennessee, Nashville
18, 2017 Session
from the Circuit Court for Montgomery County No. 41200787
William R. Goodman, III, Judge
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.
R. App. P. 3; Judgment of the Circuit Court Vacated;
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
N. Meeks, Clarksville, Tennessee, for the appellee, Vincent
Curwood Witt, Jr., J., delivered the opinion of the court, in
which John Everett Williams and Timothy L. Easter, JJ.,
CURWOOD WITT, JR., JUDGE
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.
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.
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.
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.
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.
this dismissal, the State appeals, arguing that the
defendant's four-year sentence had not expired at the
time of ...