Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2017
from the Criminal Court for Davidson County No. 2015-B-1330
Mark J. Fishburn, Judge
Defendant, Michael Eugene Rhodes, Jr., appeals the trial
court's revocation of his community corrections sentence
and resentencing him to ten years in the Department of
Correction. On appeal, he argues that the trial court erred
in revoking his community corrections sentence and in
increasing his sentence to ten years. Following our review,
we affirm the sentencing decision of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Michael A. Colavecchio, Nashville, Tennessee, for the
appellant, Michael Eugene Rhodes, Jr..
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Counsel; Glenn R. Funk, District Attorney
General; and Brian Ewald, Assistant District Attorney
General, for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Norma McGee Ogle, JJ., joined.
E. GLENN, JUDGE
2015, the Davidson County Grand Jury returned a two-count
indictment against the Defendant, charging him with
aggravated burglary in Count 1 and theft of property valued
at $500 or less in Count 2. On January 13, 2016, the
Defendant pled guilty to the lesser-included offense of
attempted aggravated burglary, a Class D felony, in Count 1,
with an agreed-upon sentence of eight years as a persistent
offender and with the manner of service to be determined by
the trial court. Count 2 was dismissed. Subsequently, on
March 21, 2016, the trial court ordered the Defendant to
serve one year in confinement, with the remainder on
community corrections, and to pay restitution to the victim.
11, 2016, a community corrections violation warrant was
issued based on the Defendant's testing positive for
cocaine on April 28, 2016. Thereafter, an amended warrant was
issued on May 26, 2016, based on the Defendant's failure
to report to his case officer since May 9, 2016. A
resentencing hearing was conducted on December 13, 2016, at
which the Defendant's case officer and the Defendant
testified. The Defendant's presentence report was
admitted as an exhibit to the hearing.
Murphy, the Defendant's case officer with the Community
Corrections Program in Davidson County, testified that the
Defendant had conceded to the allegations contained in both
warrants. In addition, the Defendant had failed to provide
proof of employment, complete his community service work, pay
his supervision fees or court costs, or make any restitution
payments. Mr. Murphy said that the Defendant was released on
April 14, 2016, and failed his drug test two weeks later on
Defendant testified that he served the one-year part of his
sentence and was released on April 14, 2016. He said that he
tested positive for cocaine because he was "[b]eing
selfish, thinking about [him]self." The Defendant
admitted that he had stopped reporting to his case officer,
explaining that he was working and trying to help his mother
who suffered from congestive heart failure. He said that he
began working at a Captain D's restaurant three days
after he was released but could not provide a paystub to Mr.
Murphy because he had not received a paycheck at the time of
his arrest. The Defendant said that his case manager and his
brother had called treatment programs on his behalf, but he
did not have insurance and none of the programs would come to
the jail to perform an assessment. The Defendant admitted
that he knew where to make the restitution payments but had
not paid any.
cross-examination, the Defendant recalled telling the trial
court at his first sentencing hearing that he
"wouldn't be back, that [he] would change [his] life
. . . [and] "wouldn't do [drugs] anymore." He
also recalled the trial court's informing him that
"if [he] came back[, ] [the court] would send [him] to
the penitentiary . . . [and] enhance [his sentence] to 12
years." The Defendant admitted that it only took him
eleven days to violate his community corrections sentence.
The Defendant asked the trial court for help with his drug
habit and said that most of his crimes were ...