Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs February 26, 2019
from the Circuit Court for Anderson County Nos. B1C00153
& B1C00154 Donald R. Elledge, Judge No.
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
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
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
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
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.
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.
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.
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
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.
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