Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs December 13, 2017
from the Criminal Court for Davidson County No. 2012-A-660
Cheryl A. Blackburn, Judge
Appellant, John Wesley Cantrell, Jr., pled guilty in the
Davidson County Criminal Court to possessing one-half gram or
more of cocaine with intent to sell and selling less than
one-half gram of cocaine and received ten- and three-year
sentences, respectively, to be served on supervised
probation. Subsequently, the trial court revoked his
probation. On appeal, the Appellant contends that the trial
court erred by ordering that he serve his ten-year sentence
in confinement. Based upon the record and the parties'
briefs, we affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Rae Tennent (on appeal) and Julia Bigsby (at hearing),
Nashville, Tennessee, for the appellant, John Wesley
Herbert H. Slatery III, Attorney General and Reporter; James
E. Gaylord, Senior Counsel; Glenn R. Funk, District Attorney
General; and Leandra Justus Varney, Assistant District
Attorney General, for the appellee, State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
Camille R. McMullen and Timothy L. Easter, JJ., joined.
MCGEE OGLE, JUDGE
March 2012, the Davidson County Grand Jury filed a nine-count
indictment, charging the Appellant with various drug offenses
and tampering with evidence. On June 21, 2012, the Appellant
pled guilty to one count of possessing one-half gram or more
of cocaine with intent to sell, a Class B felony, and one
count of selling less than one-half gram of cocaine, a Class
C felony, and the State dismissed the remaining charges.
to the plea agreement, the Appellant received a ten-year
sentence for possessing cocaine with intent to sell and a
three-year sentence for selling cocaine. The Appellant was to
serve the sentences concurrently on supervised probation.
Appellant violated the terms of his probation three times
between July 2012 and August 2016. For each violation, the
trial court reinstated the Appellant's probation.
March 3, 2017, the Appellant's probation supervisor
signed an affidavit for violation of probation, alleging that
the Appellant violated his probation by being charged with
gambling and numerous violations of the liquor laws,
including seven counts of unlawful sale of alcohol and four
counts of unauthorized storage of alcohol for sale. At the
Appellant's April 5, 2017 revocation hearing, he
acknowledged that he "picked up" the new charges at
"the Mission" and that he pled guilty to "a
few" of the charges. Defense counsel instructed the
Appellant to tell the trial court "what was going on
with the alcohol and the poker and being at the Mission,
" and the Appellant stated as follows:
Unfortunately a lot of guys that I graduated high school
[their] lives has turned bad, and they live at the Mission.
And, you know, we've been good since high school, so I go
down there and we play cards. And, you know, of course, they
like to drink liquor. I'm not a big liquor drinker, but
they like to drink liquor. So some guys from the Mission had
been stealing from the big liquor store Frugal MacDoogal, so
they won't let the Mission people walk in and buy. So
they asked me would I go get liquor -- could they make a list
and, you know, I go get liquor. And then they don't have
to get someone to go to the liquor ...