Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Moore

Court of Criminal Appeals of Tennessee, Knoxville

March 23, 2018

STATE OF TENNESSEE
v.
THOMAS LOUIS MOORE

          Assigned on Briefs on February 27, 2018

          Appeal from the Criminal Court for Bradley County Nos. 14-CR-340 & 16-CR-372 Andrew M. Freiberg, Judge

         The Defendant, Thomas Louis Moore, appeals as of right from the Bradley County Criminal Court's revocation of his probation and order of incarceration for the remainder of his ten-year sentence. The Defendant contends that the trial court abused its discretion in ordering execution of his sentence. Following our review, we affirm the judgments of the trial court.

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

          Richard Hughes, District Public Defender; and Paul O. Moyle IV, Assistant District Public Defender, for the appellant, Thomas Louis Moore.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Stephen D. Crump, District Attorney General; and Andrew Watts, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         On October 31, 2016, the Defendant pled guilty to aggravated assault, Tennessee Code Annotated section 39-13-102, and burning of personal property, Tennessee Code Annotated section 39-14-303. The Defendant received a sentence of ten years with the sentence to be served on probation. According to the probation violation report, the Defendant reported and complied with all the terms of his probation, including keeping his mental health appointments, until the Defendant tested positive for cocaine on April 4, 2017.

         A violation of probation warrant was filed on April 11, 2017, alleging that the Defendant violated his probation by using cocaine, and a revocation hearing was held on May 16, 2017. At the revocation hearing, the Defendant admitted that he had smoked crack cocaine. The Defendant testified that he had long suffered from schizophrenia with auditory hallucinations, that he had multiple hospitalizations, and that he smoked crack cocaine to "stop this madness going on in [his] brain." The Defendant also testified that he lived alone in his own apartment, which he had furnished himself after being released from a group home. The Defendant testified that "the best place for you is at home under your own environment" and that he was "trying to create [his] own environment [while] still being positive to negative things [when they] come knocking on [his] door." Furthermore, the Defendant still attended all of his mental health treatment appointments while living at his apartment.

         At the revocation hearing, the trial court called Camille McGill, a deputy clerk for the Criminal Court for Bradley County, to inquire about the Defendant's history of prior convictions. Ms. McGill found records for three prior felony convictions: a conviction for arson on August 8, 2005; a conviction for robbery on May 19, 1998; and a conviction for delivery of cocaine on May 19, 1998. The court entered these records into evidence.

         The trial court next called Beverly Cameron, the court liaison for the probation office. Ms. Cameron testified that this violation was considered a technical violation and that technical violations based on a failed drug screen typically resulted in thirty to sixty days of incarceration followed by reinstatement to probation. Ms. Cameron also testified that each defendant was unique and not every defendant received the same sentences. The court entered into evidence the lab reports confirming the Defendant's April 4, 2017 drug screen as positive for cocaine.

         The trial court considered the Defendant's "uniquely postured" mental health including numerous mental health evaluations, treatments, and hospitalizations, as well as the Defendant's past criminal record as a Range II, multiple offender. The court saw a pattern of violence, setting fires, and cocaine use. The court considered that the Defendant was presently convicted of aggravated assault and previously convicted of robbery; that the Defendant was presently convicted of burning personal property and previously ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.