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State v. Wolford

Court of Criminal Appeals of Tennessee, Nashville

May 8, 2018

STATE OF TENNESSEE
v.
JAMES WOLFORD

          Assigned on Briefs March 28, 2018 at Knoxville

          Appeal from the Criminal Court for White County No. 7862 Gary McKenzie, Judge

         The defendant, James Wolford, appeals the order of the trial court revoking his probation and ordering him to serve his original four-year sentence in confinement. Following our review of the record and applicable authorities, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation and the imposed sentence is proper. Accordingly, we affirm the judgment of the trial court.

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

          Michael J. Rocco, Sparta, Tennessee, for the appellant, James Ray Wolford.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which John Everett Williams and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Facts and Procedural History

         On April 18, 2016, the defendant pled guilty to one count of attempted possession of methamphetamine in exchange for a four-year sentence consisting of ninety-eight days of confinement and three years, eight months on supervised probation. On April 7, 2017, the defendant got into an altercation with David Irwin and Harry Wolford that resulted in his arrest for two counts of aggravated assault and one count of domestic assault. Due to these new law violations, the defendant's probation officer, Melanie Cohen, filed a probation violation report on April 18, 2017. The trial court held a revocation hearing on June 23, 2017, following which it revoked his probation and ordered the defendant to serve his original four-year sentence in confinement with credit for the ninety-eight days already served.

         Ms. Cohen, Harry Wolford, and Deputy Brandon Young testified at the revocation hearing. Ms. Cohen testified that this was the defendant's first probation violation, and she filed the revocation warrant shortly after learning of the defendant's new law violations. The revocation warrant listed these individual violations of the requirement that the defendant obey all federal, state, and municipal laws:

Violation Rule #1: "I will obey all laws . . ." To wit, In that, on or about April 7, 2017, the offender did assault the victim with a stick causing serious injury as evidenced by his arrest by Deputy Brandon Young of the White County Sheriff's Office for the offense of Aggravated Assault.
Violation Rule #1: "I will obey all laws . . ." To wit, In that, on or about April 7, 2017, the offender did assault the victim with a stick causing serious injury as evidenced by his arrest by Deputy Brandon Young of the White County Sheriff's Office for the offense of Aggravated Assault.
Violation Rule #1: "I will obey all laws. . ." To wit, In that, on or about April 7, 2017, the offender did assault the victim as evidenced by his arrest by Deputy Brandon Young of the White County Sheriff's ...

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