Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 15, 2018
from the Criminal Court for DeKalb County No. 2017-CR-2 Gary
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.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
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
McGee Ogle, J., delivered the opinion of the court, in which
John Everett Williams, P.J., and Alan E. Glenn, J., joined.
McGEE OGLE, JUDGE
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.
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.
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.
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.
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. ...