Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Gillespie

Court of Criminal Appeals of Tennessee, Knoxville

December 5, 2017

STATE OF TENNESSEE
v.
GREGORY LAMAR GILLESPIE, JR.

          Assigned on Briefs May 17, 2017

         Appeal from the Criminal Court for Hamilton County No. 293124 Barry A. Steelman, Judge

         Defendant, Gregory Lamar Gillespie, Jr., pled guilty in the Hamilton County Criminal Court to the offenses of robbery, aggravated assault, and possession of a firearm by a convicted felon. Defendant received an effective six-year sentence to be served on probation (effective February 1, 2016) with GPA monitoring for the first year. On April 22, 2016, a probation violation report was filed. On April 27, 2016, a capias for Defendant's arrest was issued. An addendum to the report was filed on August 17, 2016. Following a probation violation hearing, the trial court revoked probation and ordered Defendant to serve his six-year sentence in confinement. On appeal, Defendant argues that the trial court "erred by not considering additional means - more restrictive than the probation Defendant was alleged to have violated, but less restrictive than incarceration - that were available." He further contends that the trial court "erred by ordering the Defendant's sentence into execution." We affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Joseph Lodato, Chattanooga, Tennessee, for the appellant, Gregory Lamar Gillespie, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; M. Neal Pinkston, District Attorney General; and Lance W. Pope, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Background

         Chris Mitchell is employed by the Department of Correction and began supervising Defendant on his probation on February 16, 2016. When asked how Defendant performed on probation, Mr. Mitchell testified:

In my opinion, it was very poor. Didn't stick to his curfew, constantly complained about the curfew that the judge[] gave him. Gave him an opportunity to get his GED through the Father to the Fatherless program, also job assistance. He failed to complete that as far as getting his GED or any job assistance program.

         Mr. Mitchell testified that he filed the original probation violation report after Defendant was arrested on April 21, 2016, for possession of marijuana for resale. At that time, he instructed Defendant to continue reporting for his supervised probation but Defendant failed to do so. Mr. Mitchell testified that Defendant last reported to him on April 12, 2016, and he was supposed to report again on Aril 26, 2016, five days after his arrest. Defendant did not contact Mr. Mitchell between the time that he was supposed to report on April 26, 2016, and the time that the capias warrant was "executed" against Defendant on June 14, 2016. The capias had been issued on April 27, 2016.

         Mr. Mitchell testified that he arranged for Defendant to obtain his GED by attending classes through the "Father to the Fatherless program." Defendant attended some of the classes but he stopped going at some point and did not obtain his GED. Mr. Mitchell noted that one condition of Defendant's probation was that he not use drugs. He said that Defendant admitted to using hydrocodone. Mr. Mitchell testified that Defendant was supposed to wear a GPS monitoring device as a condition of his orders for enhanced probation to primarily monitor his curfew, which was 8:00 p.m. to 6:00 a.m. Mr. Mitchell noted that Defendant violated his curfew thirty-four times between March 3, 2016, and April 20, 2016. While on probation, Defendant was also convicted of possession of a controlled substance and for giving a false report to police. Mr. Mitchell noted that Defendant had previously been placed on probation for an aggravated burglary in another case.

         On cross-examination, Mr. Mitchell testified that Defendant's charge for possession of marijuana for resale was eventually "pled down" to a misdemeanor conviction. Mr. Mitchell said that he did not administer a drug test to Defendant and that Defendant admitted to using hydrocodone while on probation. He testified that Defendant voiced concerns and had difficulties with his curfew but he did not recall the reasoning for Defendant's concerns. Mr. Mitchell said that Defendant did not like having a curfew because it "kind of restricted him from his freedom." ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.