Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs February 27, 2018
from the Circuit Court for Blount County No. C-21101 David R.
defendant, Christopher James Kirkland, appeals the revocation
of the probationary sentence imposed for his Blount County
Circuit Court conviction of the delivery of a controlled
substance. Discerning no error, we affirm.
R. App. P. 3; Judgment of the Circuit Court Affirmed
Liddell Kirk, Knoxville, Tennessee (on appeal), and Mack
Garner, District Public Defender (at hearing), for the
appellant, Christopher James Kirkland.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Mike L.
Flynn, District Attorney General; and Ryan Desmond, Assistant
District Attorney General, for the appellee, State of
Curwood Witt, Jr., J., delivered the opinion of the court, in
which D. Kelly Thomas, Jr., and Robert H. Montgomery, Jr.,
CURWOOD WITT, JR., JUDGE
August 27, 2012, the defendant was convicted of delivery of a
Schedule II narcotic, and the trial court imposed a sentence
of four years to be served on supervised probation.
2013, the defendant was convicted of violating his probation
by failing to report, and he received a 90-day sentence of
split confinement. In 2015, the defendant was again convicted
of a probation violation for failure to report and failure to
pay court costs and fees. He was sentenced to 160 days of
split confinement, and the trial court added an additional
year of probation to the defendant's original sentence.
February 1, 2017, the defendant's probation supervisor
filed a probation violation report, alleging that the
defendant had violated the terms of his probation by being
arrested on January 6, 2017, for theft and driving on a
revoked license, by failing to inform his supervisor of his
arrest, by failing to report as scheduled for five
consecutive months, and by failing to pay court costs and
supervision fees. In March, the defendant pleaded guilty to
joyriding, driving on a revoked license, possession without a
prescription, and driving an unlicensed and unregistered
vehicle. On May 5, 2017, the probation supervisor filed an
amended probation violation warrant to reflect these new
May 22, 2017 revocation hearing, Robert McGill, the
defendant's probation supervisor, testified that the
defendant failed to report as scheduled on August 23, 2016,
and failed to report entirely in September, October,
November, and December. Mr. McGill testified that the
defendant also owed $3, 203.75 in court costs and $1, 008 in
defendant testified and explained that he had stopped
reporting to Mr. McGill because he had forgotten the date of
his next appointment and because Mr. McGill never answered
the voicemails the defendant left for him. With respect to
his January 2017 arrest, the defendant claimed that he had a
bill of sale for the vehicle he was charged with stealing and
that the prescription drugs found in his possession belonged
to his girlfriend. According to the defendant, Mr. McGill
called him and instructed him to report on February 1, and
when the defendant reported as requested, he was arrested for
violating the terms of his probation. The defendant asked the
court to again order a sentence of split confinement,
explaining that he had "learned [his] lesson, "
that he had been attempting to "get [his] life together,
" that he had two jobs waiting for him, that he had been
sober for several months, and that he wanted to seek custody
of his children. The ...