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State v. Moses

Court of Criminal Appeals of Tennessee, Jackson

May 18, 2018

STATE OF TENNESSEE
v.
PAMELA MOSES

          Assigned on Briefs March 13, 2018

          Appeal from the Criminal Court for Shelby County No. 14-06502 J. Weber McCraw, Judge

         Defendant, Pamela Moses, was placed on intensive probation following the entry of guilty pleas to several offenses. The State filed two petitions to revoke her probation. After a lengthy hearing, the trial court revoked Defendant's probation and ordered the "original judgment of conviction" into execution with additional jail credit for time served in confinement. Defendant argues on appeal that the trial court improperly revoked probation. For the following reasons, we affirm the judgment of the trial court.

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

          James Thomas (at hearing) and Matthew C. Culotta (on appeal), Memphis, Tennessee, for the appellant, Pamela Jeanine Moses.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Jennifer Nichols and Gavin Smith, Assistant District Attorneys General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Alan E. Glenn JJ., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE

         On April 29, 2015, Defendant entered guilty pleas to theft of merchandise valued at less than $500, tampering with or fabricating evidence, forgery, perjury on an official document, stalking of a judge, and escape from misdemeanor incarceration. See State v. Pamela Moses, No. W2015-01240-CCA-R3-CD, 2016 WL 4706707, at *2 (Tenn. Crim. App. Sept. 6, 2016), perm. app. denied (Tenn. Jan. 23, 2017). Defendant's charges stemmed from several different events, including swapping tags on items at a department store; fabricating a complaint form to the Tennessee Board of Judicial Conduct against the general sessions judge who had held Defendant in contempt; giving false statements under oath to an agent of the Tennessee Bureau of Investigation ("TBI"); repeatedly contacting the judge both in person and on social media; and jumping out of a police car after having been arrested. In exchange for the guilty pleas, Defendant received an effective sentence of seven years to be served on supervised probation. Id. at *4.

         Defendant filed a motion to withdraw the guilty pleas. The trial court denied the motion, and this Court affirmed that decision on appeal, remanding the matter to the trial court for correction of clerical errors. Id. at *13-14.

         On December 21, 2015, the State filed a petition to revoke Defendant's probation. The petition alleged that Defendant violated several rules of her probation. Specifically, the petition alleged the following:

Rule #6 states, "I will allow my probation officer to visit my home, employment site, or elsewhere, will carry out all instructions he or she gives; will report to my probation officer as instructed; will comply with mandates of the Administrative Case Review Committee, if the use of that process is approved by the Court, will comply with a referral to Resource Center Programs, if available, by attending; and will submit to electronic monitoring and community service, if required."
Rule #10 states, "I will observe any special conditions imposed by the Court as ...

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