Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs October 11, 2017
from the Criminal Court for Hamilton County No. 296149,
299584 Barry A. Steelman, Judge
Defendant, Eric Dewayne Finley, appeals the Hamilton County
Criminal Court's revocation of his probation. On appeal,
the Defendant argues that the trial court abused its
discretion by reinstating a sentence of full confinement.
Upon review, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Raymond T. Faller, District Public Defender, Jay Underwood,
Assistant Public Defender, Chattanooga, Tennessee, for the
appellant, Eric Dewayne Finley.
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Ann Thompson, Senior Counsel; Neal Pinkston, District
Attorney General; and Rodney C. Strong, Assistant District
Attorney General, for the appellee, State of Tennessee.
Camille R. McMullen, J., delivered the opinion of the court,
in which James Curwood Witt, Jr., and Robert L. Holloway,
Jr., JJ., joined.
CAMILLE R. McMULLEN, JUDGE
October 26, 2015, the Defendant pled guilty to aggravated
burglary in Case No. 296149. He received a four-year sentence
to be served on supervised probation to run consecutively to
an unrelated case. On July 13, 2016, a warrant was filed
alleging that the Defendant had been arrested and charged
with aggravated domestic assault and vandalism and that the
Defendant had failed to pay his probation fees or restitution
payments. On July 22, 2016, the trial court ordered a partial
revocation of the Defendant's probation.
1, 2016, an arrest warrant was issued by the Hamilton County
General Sessions Court charging the Defendant with coercion
of a witness in Case No. 1634924. The warrant alleged that,
while the Defendant was incarcerated for the aggravated
domestic assault and vandalism charges, he contacted the
victim and advised her on multiple occasions not to come to
court. On July 22, 2016, the Defendant pled guilty to the
lesser charge of solicitation of a witness, and the
aggravated domestic assault and vandalism charges were
dismissed. The record is unclear as to the
disposition of the revocation petition, although it appears
that the Defendant agreed to a sentence of eleven months and
twenty-nine days, suspended to supervised probation, as well
as a no-contact order regarding the victim.
28, 2016, a petition was filed to revoke the Defendant's
probation in Case No. 1634924 for violating a no-contact
order. On August 5, 2016, another petition was filed to
revoke the Defendant's probation because the Defendant
had been using methamphetamine. Additionally, on August 9,
2016, a third petition to revoke the Defendant's
probation was filed for another violation of the no-contact
order. There is no documentation in the record of a
revocation hearing on these petitions, although it appears
that the General Sessions court sustained the violations and
ordered the Defendant to serve his previously suspended
sentence of eleven months and twenty-nine days.
August 23, 2016, the Defendant appealed the Hamilton County
General Session Court's revocation of his probation to
the Hamilton County Criminal Court, which became Case No.
299584. On September 12, 2016, after a hearing, the trial
court granted the appeal and restored the Defendant's
probation conditioned on another no-contact order with the
victim and GPS monitoring.
October 6, 2016, a probation violation report was filed
indicating that the Defendant had failed to report, failed to
maintain his GPS monitoring, and owed court costs and
supervision fees. The trial court ordered a capias issued for
the Defendant's arrest on October 21, 2016.
December 8, 2016, a probation violation report was filed in
Case No. 296149 alleging that the Defendant was discharged
from inpatient treatment for "assaultive behavior
towards another patient." The report also alleged that
the Defendant failed to return to treatment, admitted to
using methamphetamine, and had not paid any restitution as
ordered by the trial court. The trial court ordered a capias
issued for the Defendant's ...