Assigned on Briefs July 11, 2017
from the Circuit Court for Henderson County No. 14-069-2
Donald H. Allen, Judge
Defendant, Deshan Sanders, received a five-year suspended
sentence pursuant to a plea agreement, but that sentence was
later fully revoked after a hearing. The Defendant then filed
a motion to reduce his sentence, asking the trial court to
reconsider its revocation decision. The Defendant appeals the
denial of his motion. Upon review, we affirm the judgment of
the Henderson County Circuit Court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
W. Hinson, for the appellant, Deshan Sanders.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; James G. ("Jerry")
Woodall, District Attorney General; and Angela R. Scott,
Assistant District Attorney General, for the appellee, State
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Norma McGee Ogle and Camille R. McMullen, JJ., joined.
KELLY THOMAS, JR., JUDGE.
record in this case consists only of the technical record,
which contains the pleadings, orders, motions, notices, and
other documents that were filed in the trial court. Indeed,
the technical record contains a notice filed by the
Defendant's attorney that, pursuant to Tennessee Rule of
Appellate Procedure 24(d), "no transcript shall be filed
in this matter." While the notice also provides that the
Defendant is "not precluded . . . from filing a
Statement of the Evidence" under the Rule, no such
Statement of the Evidence appears in the record, indicating
counsel's intention to rely entirely on the technical
the sparse record, it appears that the Defendant pled guilty
on August 19, 2014, to aggravated assault, misdemeanor theft,
and simple possession of marijuana. See Tenn. Code
Ann. §§ 39-13-102, -14-103, -17-418. In exchange
for his plea, the Defendant received an effective five-year
sentence as a Range I, standard offender, which was suspended
to "probation supervised by Community Corrections"
following service of sixty days' incarceration.
a violation affidavit and warrant were issued against the
Defendant on June 8, 2016. Specifically, the affidavit
alleged that the Defendant violated the conditions of his
suspended sentence as follows:
1. Fail to obey the law; [the Defendant] was arrested by
Lexington Police Dept. on 5/28/16 and charge[d] with
Aggravated Assault with [a] Deadly Weapon, Reckless
2. Fail to make monthly court payments as ordered; [the
Defendant] has not made monthly court payments toward court
cost/fines. [The Defendant] has paid a total ...