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State v. Vogel

Court of Criminal Appeals of Tennessee, Knoxville

February 16, 2018

STATE OF TENNESSEE
v.
MATTHEW GEORGE VOGEL

          Assigned on Briefs January 24, 2018

          Appeal from the Criminal Court for Hamilton County No. 300131 Tom Greenholtz, Judge

         The Defendant, Matthew George Vogel, appeals from the Hamilton County Criminal Court's revocation of probation for his Range I, eight-year sentence for possession with the intent to sell methamphetamine, a Class B felony. See T.C.A. § 39-17-417 (2014). The Defendant contends that the trial court erred in revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court.

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

          Steven E. Smith, District Public Defender; Jonathan Harwell, Assistant Public Defender (on appeal); Chris Irwin, Assistant Public Defender (at trial), for the appellant, Matthew George Vogel.

          Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Neal Pinkston, District Attorney General; and Bates Brian, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE

         Pursuant to a plea agreement, the Defendant was sentenced on December 7, 2016, to eight years' supervised probation for possession of methamphetamine with the intent to sell. On January 25, 2017, a probation violation warrant was issued and alleged that the Defendant failed to report to his probation officer after being released from a Hamilton County workhouse. A revocation hearing was held on April 24, 2017.

          The Defendant testified that he received a sentence of eight years' supervised probation for possessing more than ten grams of methamphetamine and that he had been using methamphetamine for about three years at the time of his arrest on the charge. The Defendant stated that he became homeless after he received probation and that he did not report to his probation officer because he did not have transportation. The Defendant said that after he was able to find transportation, he knew he had already violated probation. The Defendant stated that he tried to contact his probation officer by telephone but that he was unable to speak with the officer.

         The Defendant testified that he still used methamphetamine and marijuana at the time of his March 17, 2017 probation violation arrest. The Defendant asked the trial court to grant split confinement with one year to serve and the remainder on supervised probation. The Defendant stated that he had better support currently, which would help him "straighten [his] life out." The Defendant said he would live with his fiancée at a shelter. The Defendant admitted he had an outstanding arrest warrant in Florida and that he had not been in Florida since 2008 or 2009.

         The Defendant testified that he was unemployed and that if he were released to supervised probation, he would "go straight to probation and sign up." The Defendant said if given another chance to serve his sentence on supervised probation, he would live a better life for his fiancée.

         Upon questioning by the trial court, the Defendant testified that he met his fiancée in June of 2016. The Defendant stated that they began a relationship in December 2016 and became engaged in February 2017. The Defendant said that he often traded electronics for methamphetamine because he did not have money to buy drugs and that he received the electronics "on the street." The Defendant stated that some of the electronics were stolen, that he did not steal them, and that if the electronics were not "tradeable, " he sold them for cash to buy methamphetamine.

         The Defendant testified that he left voicemail messages for his probation officer and that he called the telephone number provided to him. The Defendant said that he was released from the workhouse on December 7, 2016, and that the probation office was closed. The Defendant stated that he spent the night ...


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