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State v. Juvinall

Court of Criminal Appeals of Tennessee, Knoxville

June 22, 2018

STATE OF TENNESSEE
v.
ASHLEY JUVINALL

          Appeal from the Circuit Court for Sevier County Nos. 22059 & 22079-III Rex Henry Ogle, Judge

         The Defendant, Ashley Juvinall, pleaded guilty to theft of property valued over $1, 000, theft of property valued over $500 but less than $1, 000, theft of property valued under $500, and fraudulent use of a credit card in exchange for an effective sentence of four years, eleven months, and twenty-nine days to be served on supervised probation. A probation violation warrant was issued alleging multiple violations and, after a hearing, the trial court revoked the Defendant's probation sentence, ordering that she serve her sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it revoked her probation sentence. After review, we affirm the trial court's judgment.

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

          Susan H. Harmon, Sevierville, Tennessee, for the appellant, Ashley Juvinall.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; James B. Dunn, District Attorney General; and R. Patrick Harrell, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and John Everett Williams, J., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         On December 6, 2016, the Defendant entered guilty pleas to theft of property valued over $1, 000, theft of property valued over $500 but less than $1, 000, theft of property valued under $500, and fraudulent use of a credit card. Pursuant to the agreement, the trial court sentenced the Defendant to serve four years, eleven months, and twenty-nine days on supervised probation. In July 2017, the Defendant's probation officer filed a probation violation report, alleging that the Defendant had violated the terms of her probation sentence by failing to report, failing to complete Relapse Prevention, and failing to submit to an ordered drug screen on May 1, 2017. The report also alleged that the Defendant tested positive for morphine and oxycodone on April 20, 2017, morphine on May 2, 2017, and cocaine and morphine on May 15, 2017. The trial court issued a probation violation warrant, and a hearing was held on the allegations.

         At the probation violation hearing, the Defendant pleaded guilty to violating the terms of her probation. Keith Vincent, the Defendant's probation officer, testified that the Defendant failed to report after being discharged unsuccessfully from Crossville Mission Bible Center on June 6, 2017. The Defendant also failed to complete "Relapse Prevention," tested presumptively positive for morphine and oxycodone on April 20, 2017, and signed an "admission of use." He stated that the Defendant failed to submit to a drug screen on May 1, 2017, and tested presumptively positive on May 2, 2017, for morphine. Mr. Vincent noted that the May 2, 2017 sample was "not large enough to send for confirmation." The Defendant also tested positive on May 15, 2017, for cocaine and morphine.

         Mr. Vincent testified that, initially, it was "recommended" that the Defendant participate in "Relapse Prevention." Thereafter, the Defendant entered inpatient treatment following hospitalization for an "almost overdose." The Defendant remained in "detox" for approximately seven days before transferring to Crossville Mission Bible School for treatment. Mr. Vincent stated that the Defendant was admitted on June 14, 2017, and discharged on June 25, 2017, before successful completion.

         On cross-examination, Mr. Vincent testified that only one of the drug screens was sent for lab confirmation. He explained that the other samples were not sent due to insufficient amounts for testing. When asked about the Defendant's compliance with probation before her hospitalization, Mr. Vincent said that the Defendant had failed to report on one occasion and failed to complete "Prosocial Life Skills," as she had been ordered to do.

         The Defendant testified that she did not complete the treatment at Crossville Mission Bible School because "[i]t was just not for [her]. . . . [I]t was a little more intensive. . . . [And she] was very uncomfortable there." The Defendant said that the environment was "[l]ike a cult." The Defendant explained her relapse, saying that she began dating a man that she "shouldn't have." She said that he provided her with drugs, and she felt coerced to use them. She said that this man, at the time of the probation violation hearing, was in jail for aggravated assault against her. The Defendant stated that she had been "clean" for thirty-five days, the duration of her incarceration. The Defendant confirmed that she ...


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