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State v. Cook

Court of Criminal Appeals of Tennessee, Nashville

July 16, 2019

STATE OF TENNESSEE
v.
BILLY EUGENE COOK, JR.

          Assigned on Briefs November 15, 2018

          Appeal from the Criminal Court for DeKalb County No. 2017-CR-2 Gary McKenzie, Judge

         The Appellant, Billy Eugene Cook, Jr., appeals the trial court's revocation of his probation for aggravated burglary, contending that the trial court erred by denying a continuance of the revocation hearing and by revoking his probation on his first violation. Upon review, we affirm the judgment of the trial court.

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

          Craig P. Fickling (on appeal) and L. Scott Grissom (at trial and on appeal), Cookeville, Tennessee, for the Appellant, Billy Eugene Cook, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the Appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams, P.J., and Alan E. Glenn, J., joined.

          OPINION

          NORMA McGEE OGLE, JUDGE

         I. Factual Background

         On October 6, 2017, the Appellant pled guilty to aggravated burglary, a Class C felony. The plea agreement provided that the Appellant would be sentenced as a Range I, standard offender to three years in the Tennessee Department of Correction with the sentence to be served on probation. The judgment of conviction was entered on October 19, 2017.

         On November 8, 2017, the Appellant's probation officer, Holly Baugh, filed a violation of probation affidavit, and a warrant was issued alleging that the Appellant had failed to report for his intake appointment on October 24, 2017, and that he had incurred a new charge of theft over $1, 000 for an offense on November 5, 2017.

         At the December 12, 2017 probation revocation hearing, defense counsel requested a continuance until the resolution of the theft charge. The trial court denied the request, explaining that the court did not know how long it would take to resolve the Appellant's theft charge.

         Regarding the basis for the revocation, Ms. Baugh testified that she was the Appellant's probation supervisor and that the Appellant had no prior violations. Ms. Baugh stated that the Appellant was placed on probation on October 6, 2017, and that she gave him her business card on which she had written an instruction for the Appellant to call her. Ms. Baugh acknowledged that another probation officer, Officer Gabbert, was in "transition" and that he may have scheduled an appointment with the Appellant.

         Ms. Baugh said that approximately one week later, the Appellant reported to the probation office in Cookeville instead of calling her for an appointment. Ms. Baugh's supervisor called her and told her that he had instructed the Appellant to report to Ms. ...


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