Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs February 26, 2019
from the Circuit Court for Blount County No. C-18849 Tammy M.
Defendant, Gregory Scott Wilburn, appeals as of right from
the Blount County Circuit Court's revocation of his
probation. The Defendant contends that the trial court abused
its discretion in ordering the remainder of his sentence to
be served in confinement. Discerning no error, we affirm the
judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Liddell Kirk, Knoxville, Tennessee (on appeal); and Raymond
Mack Garner, District Public Defender (at revocation
hearing), for the appellant, Gregory Scott Wilburn.
Herbert H. Slatery III, Attorney General and Reporter;
Garrett D. Ward, Assistant Attorney General; Michael L.
Flynn, District Attorney General; and Tyler Braden Parks,
Assistant District Attorney General, for the appellee, State
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Norma McGee Ogle, JJ.,
KELLY THOMAS, JR., JUDGE
2010, the Defendant pled guilty to a violation of the Motor
Vehicle Habitual Offenders Act. See Tenn. Code Ann.
§ 55-10-616. The Defendant was sentenced as a Range III,
persistent offender to six years' probation. The trial
court ordered the Defendant's sentence to be served
consecutively to his sentence for a prior conviction for
failure to appear.
28, 2017, the trial court issued a violation warrant for the
Defendant alleging that the Defendant had failed to report to
his probation officer, had tested positive for amphetamine
and methamphetamine, had failed to comply with his curfew,
and had failed to make payments toward his court costs. On
July 17, 2017, the trial court placed the Defendant on
"medical furlough." The Defendant was subject to
GPS monitoring and placed on house arrest "except for
necessary medical treatment."
December 5, 2017, the trial court ordered that the
Defendant's GPS monitor be removed so that he could seek
medical treatment in Nashville. On April 27, 2018, the trial
court issued an amended violation warrant for the Defendant
alleging that the Defendant had failed to comply with the
conditions of his medical furlough and classifying the
Defendant as an absconder.
revocation hearing, the Defendant's probation officer
testified that the initial violation warrant was issued
because the Defendant had "failed to report as directed
during the entire month of May 2017." The Defendant had
also "tested positive and signed a voluntary admission
form admitting to the recent use of valium and
Defendant then failed to report to his probation officer
after his GPS monitor was removed in December 2017. When the
Defendant's probation officer went to the Defendant's
home "after a couple of months," he was
"informed that [the Defendant] had not been there for a
while." Prior to that, the Defendant had followed the
rules of probation and his medical furlough, but "when
the GPS came off [was] when [the Defendant] had the
Defendant testified that he had "stage four liver
disease" and that the trial court had granted him a
medical furlough "for treatment." The Defendant
admitted that after his GPS monitor was removed he did not
return to his home. Instead, the Defendant stayed with a
friend and then with his sister. The Defendant testified that
he "didn't have really an excuse" for not
reporting to his probation officer. The Defendant admitted
that his probation had previously been ...