Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Edwards

Court of Criminal Appeals of Tennessee, Nashville

August 28, 2019

STATE OF TENNESSEE
v.
RANDY EARL EDWARDS

          Assigned on Briefs August 21, 2019

          Appeal from the Criminal Court for Davidson County No. 2009-C-2209 Angelita Blackshear Dalton, Judge

         The defendant, Randy Earl Edwards, appeals the Davidson County Criminal Court's order revoking his probation and ordering him to serve the balance of his 10-year sentence for the sale of less than .5 grams of cocaine in confinement. Discerning no error, we affirm.

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

          Emma Rae Tennent (on appeal) and Patrick Hakes (at hearing), Assistant District Public Defenders, for the appellant, Randy Earl Edwards.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Amy Hunter, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which John Everett Williams, P.J., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         The Davidson County Grand Jury charged the defendant with one count of selling less than .5 grams of cocaine within 1000 feet of a drug-free school zone. The defendant, a Range I offender, entered into a negotiated plea agreement in which he pleaded guilty to the reduced charge of selling less than .5 grams of cocaine in exchange for a Range II sentence of 10 years suspended to supervised probation.[1]

         On October 13, 2011, the defendant conceded that he had violated the terms of his probation, and the trial court sentenced him to time served and returned him to probation with the added provision that the defendant complete an outpatient drug treatment program. On July 26, 2012, the trial court again found the defendant in violation of the terms of his probation and ordered split confinement of one-year's assignment to "RDAP" followed by a return to supervised probation. Again, on February 20, 2015, the defendant conceded that he had violated the terms of his probation, and the trial court sentenced him to time served and returned him to probation, ordering him to continue treatment at the Mental Health Cooperative. On April 8, 2016, the defendant once again conceded that he had violated the terms of his probation, and the trial court ordered him to serve 66 days followed by a return to probation with the added provision that the defendant complete a batterer's intervention program. On April 20, 2018, the defendant conceded yet another violation of the terms of his probation, and the trial court returned him to probation with the added provision that the defendant be released only to E and C Housing to complete an outpatient program.

         On June 8, 2018, a probation violation warrant issued, alleging that the defendant again violated the terms of his probation by getting "kicked out of halfway house for missing curfew, leaving facility and not returning, and working while failing to pay for housing." An amended warrant issued on June 20, 2018, alleging that the defendant violated the terms of his probation by garnering new arrests and failing drug screens. The State elected to proceed only on the June 8 warrant, noting that the charges giving rise to the amended warrant had been dismissed.

         At the December 6, 2018 revocation hearing, Teranesha Coleman, the defendant's probation supervisor, testified that she was notified that the defendant had been kicked out of E and C Housing "for not paying his required payments even though he was working" and for "fail[ing] to return back. He left and never came back." Ms. Coleman acknowledged that the defendant "tried to come back the following day."

         The defendant testified that he had been detained for six months preceding the hearing and that the detention had been "very challenging . . . mentally and physically" but that he had participated in some programs during that time including a creative writing program. The defendant stated that he was asked to leave E and C Housing because he was unable to pay the full rent. Although he attempted to arrange for a payment plan, they "didn't agree to work anything out." He vacated the facility when he was ordered to leave. He acknowledged his prior probation violations but stated that his "goal[] now is to make positive change that will impact my family and I." He expressed plans to go through transitional housing and drug treatment, noting that he had been admitted to the Samaritan Recovery Center ("Samaritan") halfway house. After completing drug treatment with Samaritan, he planned to move into Samaritan's aftercare housing.

         The defendant stated that he was employed when he was ordered to leave E and C Housing, but his hours had been cut from 30 hours per week to only 10 hours per week. He explained that the rent at E and C Housing was $600 to $700 per month, and he was not able to pay the rent after his work hours were reduced. He found additional employment approximately one week after being asked to leave E and C Housing. The defendant also ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.