Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs December 20, 2017
from the Circuit Court for Blount County No. C-21230 Tammy
Defendant, Daniel S. Sharp, appeals from the Blount County
Circuit Court's order revoking his community corrections
sentence for his convictions for three counts of aggravated
assault and one count of robbery. The Defendant contends that
the trial court abused its discretion by revoking his
community corrections sentence and by ordering him to serve
the remainder of his effective ten-year sentence in
confinement. We affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Liddell Kirk (on appeal), Knoxville, Tennessee; Raymond Mack
Garner, District Public Defender; and Matthew Elrod (at
revocation hearing), Assistant District Public Defender, for
the appellant, Daniel S. Sharp.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Michael L. Flynn, District
Attorney General; and Ryan Desmond, Assistant District
Attorney General, for the appellee, State of Tennessee.
H. Montgomery, Jr., J., delivered the opinion of the court,
in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr.,
H. MONTGOMERY, JR., JUDGE.
Defendant was indicted on November 5, 2012, for three counts
of aggravated assault and one count of robbery. On March 11,
2013, he pleaded guilty and received six years for robbery
and four years for each aggravated assault conviction. The
trial court ordered partial consecutive service, for an
effective ten-year sentence to be served on community
corrections after one year in confinement. A community
corrections violation report was filed with the court on
December 2, 2013, alleging that the Defendant had failed to
report to his community corrections officer and to
participate in various mandatory programs. The community
corrections violation report was filed with the court after
the Defendant had received a September 20, 2013 warning from
his community corrections officer. On December 13, 2013, the
Defendant submitted to the community corrections violation,
and by agreement of the parties, the court revoked his
community corrections sentence, ordered him to serve one year
in confinement, and reinstated his community corrections
August 13, 2015, a community corrections violation report was
filed with the trial court, alleging that the Defendant had
failed a drug screen by testing positive for oxycodone and
Suboxone, that the Defendant had obtained illegal narcotics
from "someone known to traffic or sell narcotics, "
and that the Defendant was $30 in arrears in supervision
fees. An arrest warrant for the violation was issued on the
revocation hearing, community corrections officer Hilary
Storie testified that the Defendant began reporting to her
office after his July 2014 release from confinement. She said
that the present violation allegation was the result of the
Defendant's positive drug test for oxycodone and Suboxone
on August 12, 2015. Ms. Storie stated that the Defendant
admitted using Percocet and signed an in-house drug screen
report admitting the drug use. The report was received as an
exhibit, which reflects that the Defendant checked the box
stating that he agreed with the findings of the drug screen
and did not want further analysis of his urine sample. T he
report also reflects that the Defendant tested positive for
oxycodone and Suboxone and that the box stating the Defendant
disagreed with the results was unchecked. Ms. Storie did not
know whether the drug screen results were verified by a
third-party laboratory but said Brian Hensley administered
the drug screen.
Storie testified that at the time the community corrections
violation warrant was issued on August 13, 2015, the
Defendant owed $30 in supervision fees. She said that the
warrant was served on the Defendant around December 16, 2016.
She said her file did not reflect that the Defendant reported
to any community corrections officer between August 13, 2015,
and December 16, 2016.
corrections officer Brian Hensley testified that he was not
the Defendant's supervising officer but that as the
district supervisor, he oversaw the community corrections
supervision for all males assigned to his office. M r.
Hensley said that he was the Defendant's initial
supervising officer and that during this time, the
Defendant's community corrections sentence was revoked
for failure to follow the rules of his release and for
failing a drug screen.
Hensley testified that he administered the Defendant's
August 12, 2015 drug screen. Mr. Hensley said that after
receiving the results, he questioned the Defendant about
whether the results were accurate. M r. Hensley said that the
Defendant agreed with the drug screen results, checked the
box on the in-house drug screen report reflecting his
agreement, and signed the document. Mr. Hensley said that
after the Defendant signed the document, the Defendant
admitted consuming two, five-milligram Percocet tablets
within three days of the drug screen. The Defendant signed a
drug use admission form, which was received as an exhibit.
The form stated that the Defendant had undergone a drug
screen, that he admitted consuming two, five-milligram
Percocet tablets, and that the drug screen was positive for
oxycodone and Suboxone. Mr. Hensley agreed ...