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State v. Silcox

Court of Criminal Appeals of Tennessee, Knoxville

August 22, 2019

STATE OF TENNESSEE
v.
TOSHA MARIE SILCOX

          Session July 23, 2019

          Appeal from the Circuit Court for Blount County No. C-22754 David Reed Duggan, Judge

         Defendant, Tosha Marie Silcox, appeals from the trial court's revocation of her probation in November 2018. Without presenting the issue to the trial court, Defendant now challenges the trial court's 2016 probation revocation order, which modified Defendant's original 2014 sentence. The modified probation order required Defendant to serve a sentence of split confinement for a period of one year and extended Defendant's probation. With regard to the 2018 revocation, Defendant argues that the State failed to prove that Defendant disobeyed a lawful order of the probation officer and that she used "abusive, threatening, or intimidating behavior" towards her probation officer. After hearing oral argument and conducting a full review of the record, we affirm the judgment of the trial court.

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

          Rick A. Owens, Alcoa, Tennessee, for the appellant, Tosha Marie Silcox.

          Herbert H. Slatery III, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Mike L. Flynn, District Attorney General; Tracy Jenkins, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which Camille R. McMullen and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE

         Factual and Procedural Background

         In July of 2014, Defendant pleaded guilty to one count of identity theft. Defendant received a four-year sentence, to be served on supervised probation. On July 25, 2016, the trial court found a material probation violation, extended Defendant's sentence three years from the date of the hearing, and ordered split confinement of one year with the balance of the sentence to be served under the supervision of State Probation and Parole.

         On August 3, 2018, probation officer Bruce Paulson filed a probation violation report alleging that Defendant violated her probation by disobeying instructions given by her probation officer, refusing to provide a drug screen sample, falsifying a drug screen by diluting the sample she provided to the testing officer, and engaging in abusive, threatening, or intimidating behavior toward Officer Ashley Watson and Officer Paulson. On August 6, 2018, based on the foregoing information, the trial court entered a violation of probation warrant against Defendant.

         At the hearing on the probation violation in November of 2018, Officer Watson testified that on July 31, 2018, Defendant went to the Blount County probation office to meet with her probation officer, Officer Paulson.[1] Defendant was instructed to provide a urine sample for drug screening. The first sample Defendant provided was not large enough to be sent to the lab, and Officer Paulson instructed her to remain at the office until she could produce another sample. Officers gave Defendant water to drink, and Defendant attempted to produce a second sample. While attempting to produce the second sample, Defendant asked for the water to be turned on in the bathroom. Officer Watson denied her request. Defendant became aggressive; she yelled, screamed, and cursed at Officer Watson. During this outburst, Defendant called Officer Watson an "arrogant bitch" and "arrogant officer." Officer Watson instructed Defendant to stop talking and produce a sample. Despite being told not to leave the premises before the drug screening was complete, Defendant left the premises without signing the form that is sent with the sample to the lab. Defendant testified that she did not curse or behave disrespectfully toward Officer Watson and that she sent Officer Paulson a text stating she was leaving the office to go to work.

         The trial court found that Defendant had materially violated the terms of her probation. As a result, the trial court revoked Defendant's probation and ordered her to serve the original ...


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