Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs in Knoxville November 28, 2017
from the Circuit Court for Marion County No. 9823HV.4 Thomas
W. Graham, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
D. Cross, Monteagle, Tennessee, for the appellant, Barbara
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
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and J. Ross Dyer, J. joined.
W. WEDEMEYER, JUDGE
Guilty Plea Hearing
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.
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.
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.
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 ...