Court of Criminal Appeals of Tennessee, Knoxville
September 19, 2017 Session
from the Circuit Court for Blount County No. C-14211 David R.
Defendant, Michael Lee Hooper, stipulated that he violated
the terms of his probation by being arrested for possession
of a Schedule II substance with the intent to sell or deliver
it and for maintaining a dwelling for controlled substance
use or sales, for stopping payment of his court costs, and
for testing positive for cocaine. The trial court found that
the Defendant had violated the terms of his probation and
ordered that he serve his sentence in confinement. On appeal,
the Defendant contends that the trial court erred when it
sentenced him to serve his sentence because this was his
first violation in thirteen years of probation. After review,
we affirm the trial court's judgment.
R. App. 3 Appeal as of Right; Judgment of the Circuit Court
W. White, Maryville, Tennessee, for the appellant, Michael
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Michael L.
Flynn, District Attorney General; and Matthew L. Dunn,
Assistant District Attorney General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the Court, in
which Norma McGee Ogle and Timothy L. Easter, JJ., joined.
W. WEDEMEYER, JUDGE.
case arises from the Defendant's drug-related convictions
in 2003. On June 30, 2003, the Defendant was convicted of
possession of a Schedule II controlled with the intent to
sell or deliver, possession of a Schedule VI controlled
substance with the intent to sell or deliver, possession of a
Schedule IV controlled substance with intent to sell or
deliver, and possession of drug paraphernalia. The trial
court placed the Defendant on probation for two consecutive
eight-year terms. The first eight-year term expired on June
30, 2011, and the second eight-year term began. On March 22,
2016, almost thirteen years after his probation began, the
Defendant's probation officer filed a probation violation
warrant. The warrant alleged that the Defendant had failed to
obey the law by being arrested for possession of a Schedule
II controlled substance for resale within 1000 feet of a
drug-free school zone and for maintaining a dwelling for
controlled substance sales or use. The warrant further
alleged that the Defendant had tested positive for cocaine on
March 11, 2016 and that he had failed to pay court costs
totaling $2, 519.00.
hearing on the probation violation, the Defendant stipulated
to all of the grounds for a material violation. Nathan Payne,
an officer with the Blount County Sheriff's Office,
testified that he went to the Defendant's residence and
executed a search warrant, a result of which he found 2.6
grams of crack cocaine, a small amount of marijuana, and drug
paraphernalia. During the search, officers also found almost
$1, 188.00, $1, 000.00 of which was in the Defendant's
wallet. In the Defendant's bedroom, officers found
digital scales, sandwich bags, copper screening, corner
baggies of cocaine, marijuana in a corner baggie, and a metal
crack pipe. Officer Payne said that his investigation
revealed that the Defendant was unemployed at the time of his
arrest. The Defendant also told officers that multiple people
came to his home often to use illegal narcotics. Officer
Payne said that the Defendant's home was within 1000 feet
of a daycare center.
cross-examination, Officer Payne testified that he was unsure
whether the Defendant was receiving disability benefits at
the time of his arrest. He also was unsure whether the
Defendant was renting out a room in his house and receiving
payments from another individual.
McGill, the Defendant's probation officer, testified that
the Defendant violated his probation by being arrested for
possession of a schedule II narcotic for resale within 1, 000
feet of a drug-free zone and for maintaining a residence for
controlled substance use or sales. The Defendant further
violated his probation by testing positive for cocaine on
March 11, 2016, and failing to pay his court costs, totaling
$2, 519. Mr. McGill said that the Defendant signed a form
admitting to cocaine use after the March 2016 drug screen.
cross-examination, Mr. McGill testified that he had not
actually met with the Defendant because he had recently
gained the Defendant as a supervisee after the
Defendant's last probation officer retired. Mr. McGill
agreed that his office began supervising the Defendant in
August 2007 and that the Defendant had not violated his
probation until March 22, 2016. Mr. ...