Assigned on Briefs February 6, 2018
from the Circuit Court for Henderson County No. 13-131-2
Donald H. Allen, Judge.
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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
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.
Everett Williams, J., delivered the opinion of the court, in
which Camille R. McMullen and J. Ross Dyer, JJ., joined.
EVERETT WILLIAMS, JUDGE.
AND PROCEDURAL HISTORY
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.
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.
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.
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.
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 ...