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State v. Fason

Court of Criminal Appeals of Tennessee, Jackson

May 4, 2018

STATE OF TENNESSEE
v.
TEDDIE ELIJAH FASON

          Assigned on Briefs February 6, 2018

          Appeal from the Circuit Court for Henderson County No. 13-131-2 Donald H. Allen, Judge.

         The Defendant, Teddie Elijah Fason, entered guilty pleas to burglary, theft of property valued at more than $1, 000, vandalism, and evading arrest, and he was sentenced to serve four years on probation. The Defendant appeals the trial court's revocation of his probation and its judgment ordering him to serve his sentences in confinement. After a thorough review of the record, we discern no abuse of discretion, and we affirm the trial court's judgment.

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

          George Morton Googe, District Public Defender, and Gregory D. Gookin (on appeal) and John Hamilton (at hearing), Assistant District Public Defenders, for the appellant, Teddie Elijah Fason.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Jody Pickens, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Camille R. McMullen and J. Ross Dyer, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         FACTUAL AND PROCEDURAL HISTORY

         The Defendant committed the offenses at issue on April 6, 2013. On April 22, 2014, he entered guilty pleas and was granted judicial diversion requiring the service of four years on probation. As part of the Defendant's probation, he was ordered to pay one hundred dollars per month toward court costs, fines, and restitution.

         On August 11, 2014, the Defendant's case officer signed an affidavit stating that the Defendant violated the terms of his probation by committing traffic offenses consisting of driving on a suspended license, driving without insurance, and driving sixty-seven miles per hour in a thirty-mile-per-hour speed zone. The affidavit further alleged that the Defendant did not report his new offenses, that the Defendant was not residing at the primary location he had listed on his paperwork, and that he had not been at home during curfew on two occasions in July 2014.

         On August 19, 2014, the trial court revoked the Defendant's probation and ordered him to serve his sentence in the Tennessee Department of Correction, with a referral to the "boot camp program." On December 11, 2014, the trial court held a hearing on a "Motion for Reduction of Sentence, " and it granted the motion, ordering the Defendant to return to probation. The trial court specifically ordered the Defendant to be released to his mother's custody, to follow all the rules and regulations of his probation agreement, and to abide by his 6:00 p.m. to 6:00 a.m. curfew, which would be subject to random checks.

         On January 27, 2015, the Defendant's supervising officer issued an affidavit that the Defendant had again violated the terms of his probation by driving on a suspended license. The affidavit also stated that the Defendant failed to reside at his approved address and was absent from his mother's home during curfew on January 13, 2015, despite numerous warnings that he needed to abide by his curfew. Finally, the affidavit alleged that the Defendant was arrested on January 26, 2015, for failure to appear.

         On March 17, 2015, the trial court again revoked the Defendant's probation, ordering him to serve sixty days in prison before his probation would be reinstated. The order again noted particularly that the Defendant ...


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