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State v. Prather

Court of Criminal Appeals of Tennessee, Jackson

March 29, 2018

STATE OF TENNESSEE
v.
CARLOS PRATHER

          Assigned on Briefs August 15, 2017

          Appeal from the Criminal Court for Shelby County No. 15-00459 Chris Craft, Judge

         Defendant, Carlos Prather, pled guilty to two counts of vandalism over $1, 000 and was sentenced to concurrent sentences of ten years as a Range III offender, to be served on supervised probation. As a condition of probation Defendant was ordered to complete the Jericho Program. On February 5, 2016, a probation violation warrant was issued alleging that Defendant violated the terms of his probation by being arrested for passing bad checks, failing to report the arrest, non-compliance with the Jericho Program, and being arrested for contempt of court on February 4, 2016. After a hearing, the trial court revoked Defendant's probation and ordered him to serve his original ten-year sentence in the Department of Correction. Defendant now appeals, contending that the trial court erred by revoking his probation and ordering him to serve his sentence in confinement. After thoroughly reviewing the record and applicable authorities, we affirm the trial court's judgment.

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

          Andrea D. Sipes, Jackson, Tennessee, for the appellant, Carlos Prather.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Amy P. Weirich, District Attorney General; and Reggie Henderson, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Camille R. McMullen and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Probation Violation Hearing

         Warren Hampton testified that he is an employee of the Department of Probation and Parole and the "keeper of the record" as to Defendant's file. He said that Defendant was placed on probation for ten years for vandalism over $1, 000. Mr. Hampton testified that Defendant violated the terms of his probation by being arrested for contempt of court, and he failed to report the arrest to his supervising probation officer. He said that Defendant was also instructed to complete the Jericho Program; however, Defendant "was in non-compliance with the program and he returned home."

         Oddye Fisher is a recovery support specialist with Alliance Healthcare Services, and he was assigned to Defendant. He explained that when he receives a referral to the Jericho Program, he completes an assessment to determine which services might be suitable for a client in order to be successful. Mr. Fisher said that Defendant did not comply with the conditions of his probation because he was in non-compliance with the Jericho Program. Mr. Fisher testified that Defendant initially went home to attend intensive outpatient services with Urban Family Ministries. He stopped by Defendant's home after a couple of weeks and found Defendant "inebriated after drinking beer." Mr. Fisher attempted to talk with Defendant about seeking a higher level of treatment but Defendant did not comprehend what he was saying. Defendant was then placed in CAAPS (Child, Adolescent, and Adult Psychiatry Services) for inpatient treatment but he was discharged after "a day or so" because of unruly behavior and abusive language. Defendant then went back home to continue outpatient treatment.

         Mr. Fisher testified that Defendant was allowed to "seek some treatment because the treatment we said that we sought for him we didn't seem to be finding the right fit so we asked him to find something." Defendant called several places and was admitted to Delta Medical and was there for two or three weeks. Mr. Fisher testified:

At the discharge planning, they suggested that he go to - - they had an aftercare, six weeks aftercare sober living. They identified housing in the South Memphis Area. He said he had some history of not being successful at [not] using in that area because he didn't want to go there. He didn't want to follow their program. But we suggested, recommended that he did [sic] because he was under their care. We knew it would be better. We also thought that when he came to court for the status reports, that it would be in his best interest if he was following the clinical director, the person giving him care. And he refused to follow up. He refused to follow up on that recommendation and he chose to go back home and to continue participating in intensive outpatient with Urban Family Ministries. We made it clear to him that we didn't know how the [c]ourts would take it for not following Delta Medical advice and going back home.
Went back home and when he came for the status update for the [c]ourt, it was recommended that he not follow his plan and follow the plan that was placed by them. He couldn't do what was suggested by Delta at that time because he was away from them. So then we sought - - he found again some placement with Lakeside. He found [sic] Lakeside kept ...

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