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State v. Pinnix

Court of Criminal Appeals of Tennessee, Nashville

February 6, 2018

STATE OF TENNESSEE
v.
BARBARA PINNIX

          Assigned on Briefs in Knoxville November 28, 2017

         Appeal from the Circuit Court for Marion County No. 9823HV.4 Thomas W. Graham, Judge

         The Defendant, Barbara Pinnix, pleaded guilty to attempted conspiracy to manufacture methamphetamine, and the trial court imposed an eight-year sentence, with the Defendant to serve twenty-seven days followed by the remainder of her sentence on probation. The Defendant's probation officer filed an affidavit for a probation violation warrant, alleging that the Defendant had brought contraband into jail. The Defendant pleaded guilty to the revocation but later filed a motion to set aside the revocation order, claiming that her decision was hastily made. The trial court denied the motion, and the Defendant appeals. On appeal, she contends that the trial court erred when it denied her motion to withdraw her admission to a probation violation and that it should have reviewed her motion pursuant to Tennessee Rule of Criminal Procedure 32(f). After review, we affirm the trial court's judgment.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Paul D. Cross, Monteagle, Tennessee, for the appellant, Barbara Pinnix.

          Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; James Michael Taylor, District Attorney General; and Sherry Durham Shelton, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and J. Ross Dyer, J. joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         A. Guilty Plea Hearing

         This case arises from the Defendant's plea of guilty to attempted conspiracy to manufacture methamphetamine, after which the trial court sentenced her to eight years, twenty-seven days of which were to be served in incarceration and the remainder to be served on probation. The trial court entered the judgment of conviction on December 9, 2014.

         On February 2, 2017, the trial court found that the Defendant had violated the terms and conditions of the drug court program by not complying with the drug court requirements and by not successfully completing the program by being terminated from it on January 30, 2017 for bringing contraband into the jail.

         On March 20, 2017, the Defendant pleaded guilty to full revocation of her probation and agreed to serve the remainder of her original sentence. At the hearing on the probation revocation, the trial court informed the Defendant that she had an absolute right to a separate hearing before a judge to determine whether she violated the terms of her probation. The Defendant stated that she wanted to waive her right to a hearing and proceed in agreement with the State.

         The State informed the trial court that the Defendant had originally pleaded guilty in December 2014 and that she had violated her probation on several occasions. She, however, did not complete the punishment for her third violation, which included serving jail time with the drug court program, resulting in her fourth violation. The trial court noted that the Defendant had served between a year and a half and two years of her sentence. The trial court informed the Defendant "it's very unfortunate that you . . . have gone all the way from a probation to flattening your eight year sentence, but with the difficulties you've had with the probation I guess it makes some ...


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