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State v. Bateman

Court of Criminal Appeals of Tennessee, Nashville

June 26, 2019

STATE OF TENNESSEE
v.
KATELYN BATEMAN

          Assigned on Briefs May 7, 2019

          Appeal from the Circuit Court for Cheatham County No. 17964 Larry J. Wallace, Judge

         The Defendant, Katelyn Bateman, appeals as of right from the Cheatham County Circuit Court's order revoking her community corrections sentence and ordering the Defendant to serve the remainder of her sentence in confinement. The Defendant argues that the trial court abused its discretion in ordering the sentence served in confinement rather than permitting a furlough to the drug court program. Following our review, we affirm the order of the trial court.

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

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., J., joined. Thomas T. Woodall, J., not participating.

          William ("Jake") Bradley Lockert III, District Public Defender; and Matthew T. Mitchell, Assistant District Public Defender, for the appellant, Katelyn Bateman.

          Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Wendell Ray Crouch, Jr., District Attorney General; and David W. Wyatt, Assistant District Attorney General, for the appellee, State of Tennessee.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         On October 3, 2016, the Defendant pled guilty to two counts of selling a Schedule II controlled substance (Oxycodone and Oxymorphone). In exchange, she received concurrent terms of three years as a Range I, standard offender, and her three-year effective sentence was to be suspended and served on supervised probation. She was also ordered to pay a fine, restitution, and court costs. The trial court revoked the Defendant's probation on July 25, 2017, for "resisting arrest, public intox[ication], fail[ure] to report arrest[s], failure to report, [and] failure to pay c[ourt] c[osts] and restitution." The new arrests listed in the two probation violation warrants consisted of public intoxication in Cheatham County on April 12, 2017; public intoxication and resisting arrest in Davidson County on June 10, 2017; and additional arrests in Cheatham County for public intoxication, drug possession without a prescription, possession of drug paraphernalia, and misdemeanor failure to appear. After her probation was revoked, the Defendant was placed in the Community Corrections Program for supervision.

         A violation of community corrections warrant was issued on March 27, 2018, wherein it was alleged that the Defendant failed to inform her community corrections officer before changing her residence, failed to carry out certain instructions given to her by her community corrections officer, failed a drug screen by testing positive for marijuana and an opiate, and failed to remain on house arrest. The Defendant admitted the violations, and her community corrections sentence was partially revoked on May 29, 2018. The trial court resentenced the Defendant to four years and ordered her to serve ninety days in the county jail before being released to level one community corrections supervision.

         On July 9, 2018, another revocation warrant was issued. This time the Defendant was alleged to have failed to report to her community corrections officer and to have used intoxicants in violation of her conditions of supervision. Regarding the use of intoxicants, it was stated in the warrant that the Defendant was administered a drug test on June 21, 2018, and that she tested positive for methamphetamine and marijuana. According to the Defendant's community corrections officer, the Defendant also stated on her admission form that she had smoked marijuana ten to twelve days prior while she was still incarcerated in the county jail.

         At a subsequent hearing, the Defendant admitted to violating the conditions of her community corrections sentence. In particular, the Defendant acknowledged that she had smoked marijuana while she was serving her ninety days in jail following her prior revocation. The Defendant stated that she "didn't know that [she] was going to be getting out" when she smoked marijuana. The Defendant explained that upon her release, she told her community corrections officer that she would test positive for marijuana. She claimed that she did not know that the marijuana was laced with methamphetamine and that methamphetamine was not her "drug of choice." According to the Defendant, her community corrections officer told her that they were "not going to move . . . forward with [her] community corrections, so" she quit reporting.

         The Defendant asked to be granted a furlough to participate in the drug court program in order to receive treatment for her alcohol problem. According to the Defendant, she had applied to the drug court program on her initiative and had been admitted to that program. The Defendant claimed that she had not received any prior drug rehabilitation treatment and that she wanted to become a "sober, productive member of society." However, the Defendant denied that she had a drug problem and claimed that her only addiction was to alcohol. In addition, the Defendant admitted ...


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