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State v. Wilson

Court of Criminal Appeals of Tennessee, Knoxville

June 21, 2019

STATE OF TENNESSEE
v.
DARRYL RAY WILSON

          Assigned on Briefs February 26, 2019

          Appeal from the Circuit Court for Anderson County Nos. B1C00153 & B1C00154 Donald R. Elledge, Judge No. E2018-01193-CCA-R3-CD

         The Defendant, Darryl Ray Wilson, appeals as of right from the Anderson County Circuit Court's revocation of his probation. The Defendant contends that the trial court abused its discretion by relying on alleged violations that he was not provided notice of prior to the revocation hearing. Following our review, we affirm the judgments of the trial court.

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

          J. Thomas Marshall, District Public Defender, for the appellant, Darryl Ray Wilson.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; David S. Clark, District Attorney General; and Anthony Craighead, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Norma McGee Ogle, JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         In June 2011, the Defendant pled guilty to possession of 0.5 grams or more of methamphetamine with intent to sell and failure to appear. See Tenn. Code Ann. §§ 39-16-609, -17-417. The trial court imposed a total effective sentence of eight years with 180 days to be served in confinement and the remainder suspended to supervised probation.

         In April 2012, the trial court issued a violation warrant against the Defendant alleging that the Defendant failed to report to his probation officer between December 2011 and March 2012, that he failed to pay his required fees, and that he failed to comply with a referral to alcohol and drug treatment. A revocation hearing was held on July 29, 2016. The trial court revoked the Defendant's probation, reinstated it, and extended it by one year.

         On September 2, 2016, the trial court issued a second violation warrant against the Defendant. The warrant alleged that the Defendant had failed to report to his probation officer, that he had changed his residence "without permission" and his "whereabouts [were] unknown," that he had failed to pay court costs, and that he had failed to provide "proof of employment or seeking employment" among other alleged violations. The trial court held a revocation hearing on June 1, 2018.

         The Defendant's probation officer, LeAnn Wilson, testified that she assumed responsibility for the Defendant's supervision on February 1, 2018. Ms. Wilson testified that she had never seen the Defendant and that the Defendant had made no attempt to contact her. Ms. Wilson further testified that there was nothing in the Defendant's file showing that he had contacted or attempted to contact his former probation officer. Additionally, the Defendant's file contained no record that the Defendant was employed or that he changed his address. Ms. Wilson also testified that the Defendant was in "arrears" on paying his court costs.

         The Defendant testified that after he was released for his first probation violation, he had a heart attack on August 1, 2016. The Defendant testified that he then went to Kentucky to "sign some papers" after his parents died and suffered two more heart attacks between August 11, and September 3, 2016. The Defendant admitted that he lived in Kentucky with his sister for four months without reporting his change of residence to his probation officer.

         The Defendant admitted that he never reported to his probation officer after he was released for his first probation violation. The Defendant further admitted that he never contacted or met his original probation officer. The Defendant explained that he did not report because his "health issues" left him "fighting for [his] life." The Defendant further explained that he did not ...


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