Assigned on Briefs October 11, 2017
Appeal
from the Criminal Court for Hamilton County No. 275083,
294282, 294436, 294660, 294663 Thomas C. Greenholtz,
Judge.
Aaron
Jermaine Clark ("the Defendant") appeals the trial
court's revocation of his probation and imposition of his
sentences, claiming that he should have been granted an
alternative sentence so that he could continue his course of
drug rehabilitation. After a review of the record and
applicable law, we conclude that the trial court did not
abuse its discretion. The judgment of the trial court is
affirmed.
Tenn.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Court Affirmed
Fisher
Wise, Chattanooga, Tennessee, for the appellant, Aaron
Jermaine Clark.
Herbert H. Slatery III, Attorney General and Reporter; Linda
D. Kirklen, Assistant Attorney General; Neal Pinkston,
District Attorney General; and AnCharlene Davis, Assistant
District Attorney General, for the appellee, State of
Tennessee.
Robert
L. Holloway, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Camille R. McMullen, JJ.,
joined.
OPINION
ROBERT
L. HOLLOWAY, JR., JUDGE.
On
October 7, 2010, the Defendant pled guilty in case number
275083 to sale of cocaine, a Class B felony. The trial court
imposed an eight-year suspended sentence to be served
consecutively to a five-year sentence for theft of property
in case number 267845. After service of the five-year
sentence in case number 267845 and while on probation in case
number 275083, the Defendant pled guilty and was sentenced to
an effective seven-year term to be served consecutively to
the eight-year sentence in case number 275083. That sentence
was suspended, but the trial court ordered the Defendant to
serve eleven months and twenty-nine days in the county jail
for violating probation in case number 275083. Following the
issuance of a probation violation warrant and an evidentiary
hearing on January 27, 2017, the trial court revoked the
Defendant's probation and ordered the sentences to be
served in confinement.
At the
probation revocation hearing, the Defendant's probation
officer, James Rox, testified that on November 18, 2013, the
Defendant graduated from the Hamilton County Drug Court at
the end of his five-year sentence in case 267845. However,
the Defendant failed to report to the probation office at the
beginning of his consecutive sentence for case 275083, so on
April 4, 2014, Officer Rox filed a Probation Violation Report
alleging that the Defendant had absconded.[1] The trial court
issued a capias, and the Defendant was arrested. On May 12,
2014, the warrant was dismissed, and the Defendant was
restored to probation.
On
November 7, 2014, Officer Rox filed another Probation
Violation Report alleging that the Defendant had been
arrested for possession of cocaine, had failed to notify his
probation officer of his arrest, had failed to report as
required, had used drugs, and had failed to pay probation
fees. On December 2, 2014, a capias was issued, and the
Defendant was arrested on December 16, 2014.
On
February 25, 2015, the Hamilton County Grand Jury indicted
the Defendant in case 294282 for a Class C felony aggravated
burglary and Class E felony theft of property. The indictment
listed the offense date as November 28, 2014. On March 11,
2015, the Hamilton County Grand Jury indicted the Defendant
in case 294436 for a Class C felony aggravated burglary and
Class D felony theft of property. The indictment listed the
offense date as December 11, 2014. On March 25, 2015, the
Hamilton County Grand Jury indicted the Defendant in case
294660 for a Class C felony aggravated burglary and in case
294663 for possession of cocaine. Both indictments listed the
offense date as December 16, 2014.
On
October 15, 2015, the Defendant pled guilty to the six felony
charges listed above and to violating the terms of his
probation. Pursuant to a plea agreement, the Defendant
received an effective seven-year sentence to run
consecutively to his eight-year sentence in case 275083, his
probation was revoked in case 275083, he was ordered to serve
eleven months and twenty-nine day in jail on the revocation,
and the balance of his sentence was ordered to be served on
supervised probation with an alcohol and drug assessment.
Officer
Rox further testified that, after the Defendant was returned
to probation, he performed according to the terms of his
probation for a short time, reported as ordered, and worked
steadily at his job. As a condition of his probation, the
Defendant was assigned to the intensive outpatient program
for drug ...