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State v. Crayton

Court of Criminal Appeals of Tennessee, Knoxville

June 10, 2019

STATE OF TENNESSEE
v.
JERMAINE ANTWOINE CRAYTON

          Assigned on Briefs April 23, 2019

          Appeal from the Criminal Court for Hamilton County No. 295547 Tom Greenholtz, Judge.

         The Defendant, Jermaine Antwoine Crayton, pleaded guilty to several drug offenses in 2015 and to another drug offense in 2016. The trial court placed the Defendant on probation, and the Defendant's probation officer filed an affidavit alleging that he violated his probation. After a hearing, the trial court revoked the Defendant's probation and ordered that he serve the balance of his sentence in confinement. On appeal the Defendant contends that the trial court erred when it ordered that he serve the balance of his sentence in confinement. After review, we affirm the trial court's judgment.

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

          Charles P. Dupree, Chattanooga, Tennessee, for the appellant Jermaine Antwoine Crayton.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Assistant Attorney General; M. Neal Pinkston, District Attorney General; Jason Demastus, 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 and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE.

         I. Facts

         This case arises from the Defendant's convictions for several drug offenses. On April 9, 2015, a Hamilton County grand jury indicted the Defendant for possession of cocaine for resale, possession of marijuana, possession of drug paraphernalia, and, under a separate docket number, aggravated assault. On February 9, 2016, the Defendant pleaded guilty to possession of cocaine, a Class C felony, misdemeanor possession of marijuana, misdemeanor possession of drug paraphernalia, and misdemeanor assault. The parties agreed to an effective sentence of four years, with eleven months and twenty nine days of incarceration followed by probation. The trial court ordered that the Defendant have monthly drug screens, complete a drug and alcohol assessment, and comply with any recommended treatment.

         On September 14, 2016, the Defendant's probation officer filed a probation violation report alleging that the Defendant had violated his probation by absconding from supervision. Her report indicated that the Defendant had violated his probation in the following ways:

Rule #4, in that, this offender has failed to provide documentation to his Officer that he is working at a lawful occupation to the best of his ability.
Rule #5, in that, this offender failed to inform his Officer of his proper residence and gave a false address of a family member who advises she has no contact with this offender. This offender has absconded.
Rule #6, in that, the offender has failed to allow his Officer to visit his home, carry out all lawful instructions his Officer ...

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