Court of Criminal Appeals of Tennessee, Nashville
Session August 21, 2019.
from the Criminal Court for Sumner County No. CR973-2015 Dee
David Gay, Judge.
Defendant, Christopher Caldwell, appeals the Sumner County
Criminal Court's order revoking his community corrections
sentence for his convictions for burglary of a motor vehicle
and felony theft and ordering him to serve the remainder of
his effective twelve-year sentence in confinement. The
Defendant contends that the trial court abused its discretion
by revoking his community corrections sentence. We affirm the
judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
David Rogers (on appeal), Hendersonville, Tennessee, and
David Von Wiegandt (at revocation hearing), Nashville,
Tennessee, for the appellant, Christopher Caldwell.
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; Ray Whitley,
District Attorney General; and Lytle Anthony James, Assistant
District Attorney General, for the appellee, State of
H. Montgomery, Jr., J., delivered the opinion of the court,
in which James Curwood Witt, Jr., J., and John Everett
Williams, P.J., joined.
H. MONTGOMERY, JR., JUDGE.
October 20, 2016, the Defendant pleaded guilty to burglary of
a motor vehicle and felony theft and received consecutive
sentences of six years each, for an effective twelve-year
sentence. The trial court ordered the Defendant to serve his
sentence on community corrections. On July 31, 2017, a
community corrections violation warrant was issued, alleging
that the Defendant tested positive for cocaine and
benzodiazepine on July 5, 2017. At the October 2, 2017
revocation hearing, the Defendant conceded he had violated
the conditions of his release. The court revoked the
Defendant's community corrections sentence but returned
him to community corrections, which was to be supervised in
February 9, 2018, a community corrections violation warrant
was issued, alleging that the the Defendant failed to report
to his community corrections officer on January 29, 2018,
that he admitted using heroin on January 8, 2018, and that he
violated his curfew. On July 30, 2018, a subsequent community
corrections violation warrant was issued, alleging that he
had been convicted of three counts of "Possession or
Casual Exchange" on May 2, 2018.
October 29, 2018 revocation hearing, community corrections
officer Brandi Jimerson testified that the Defendant admitted
to her that he used heroin on January 8, that he failed to
report to her on January 29, and that he failed to comply
with his curfew. She said that she sought a second violation
warrant after she learned the Defendant had been convicted of
three counts of possession of a controlled substance on May
2. Certified copies of the judgments of conviction were
received as an exhibit.
cross-exmaination, Ms. Jimerson testified that the Defendant
was participating in a "dual disorder program,"
which she described as a treatment team composed of a
psychiatrist and a program specialist to ensure that a
defendant received any necessary mental health and substance
abuse treatment. She identified a judgment of conviction,
which reflected that on April 21, 2016, the Defendant pleaded
guilty to the sale of a controlled substance and received a
ten-year sentence to be served on community corrections. Ms.
Jimerson agreed the drug-related judgment reflected that, in
April 2018, the Defendant was ordered to serve one year in
confinement for violating the conditions of his release and
was returned to community corrections. She said that the
grounds for the April 2018 revocation in the drug-related
case were the same grounds for seeking revocation in the
Jimerson testified that she had reviewed the Defendant's
medical records, which were received as an exhibit. She knew
the Defendant had received mental health treatment at
multiple facilities and had been diagnosed with opioid use
disorder, a mood disorder, schizophrenia, amphetamine-type
substance use disorder, and suicidal ideations. She recalled
the medical records showed the Defendant had attempted
suicide previously. She said that she met with the Defendant
before he was initially placed on community corrections, that
he appeared to be "very psychotic," that he would
not make eye contact with her, and that he was mumbling,
skinny, and disheveled. She recalled having difficulty
understanding him. She agreed that some defendants with
substance abuse problems reported using drugs "to try
and drown out the noise."
Jimerson testified that the Defendant was always pleasant and
respectful. She said that he had a girlfriend, who appeared
to cause "issues" for him, but that he decided not
to comply with the conditions of his release. She said that,
at some point, the Defendant lived at a group home, that he
took his medication as directed during this time, and that he
remained in compliance when he took his medication. She said,
though, that the Defendant absconded from the group home
without his medication. She said the Defendant reported in
January 2018 that the manager of the group home had asked the
Defendant to obtain ...