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State v. Clark

Court of Criminal Appeals of Tennessee, Knoxville

December 21, 2017

STATE OF TENNESSEE
v.
AARON JERMAINE CLARK

          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 ...


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