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State v. Ogle

Court of Criminal Appeals of Tennessee, Knoxville

September 24, 2019

STATE OF TENNESSEE
v.
CHRISTOPHER OGLE

          Assigned on Briefs August 27, 2019

          Appeal from the Circuit Court for Blount County No. C25232 David Reed Duggan, Judge

         The defendant, Christopher Ogle, appeals the order of the trial court revoking his probation and ordering him to serve his original five-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed.

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

          J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Christopher Ogle.

          Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Mike L. Flynn, District Attorney General; and Tiffany Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Camille R. McMullen and Timothy L. Easter, JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Facts and Procedural History

         After pleading guilty to aggravated assault on October 19, 2018, the trial court sentenced the defendant to five years to be served in the Tennessee Department of Correction. Tenn. Code Ann. § 39-13-102. The trial court suspended the defendant's sentence after 11 months and 29 days of service and placed him on 4 years of supervised probation.[1] Prior to pleading guilty, the defendant accumulated enough jail credits to allow for his release from the Blount County jail on October 19, 2018, thus beginning his probationary service. The terms of probation required, in part, the defendant to report to his probation officer and to follow all instructions given by his probation officer.

         While on probation, the defendant failed to contact his probation officer, and a probation violation warrant issued on November 8, 2018. The warrant alleged the defendant failed to make "any contact" with his probation officer after being released and failed to report for initial intake meetings on October 26 and November 2, 2018. The warrant was executed on December 26, 2018, after which the trial court conducted a probation revocation hearing.

         At the hearing, the defendant stipulated to the fact that he violated the terms of probation by failing to report to his probation officer. Based upon the stipulation, the trial court determined the defendant violated the terms of his probation and revoked the same. The defendant then testified before the trial court imposed a sentence.

         The defendant confirmed he failed to report to his probation officer upon his release from jail and failed to appear at his initial intake meetings on October 26 and November 2, 2018. According to the defendant, he learned of the death of his ex-fiancée upon his release from jail and attended her funeral in North Carolina the day before he was set to report. The defendant claimed he called to reschedule, though he was unsure when he made the phone call. The defendant's aunt also called to reschedule his appointment, but when she did "they . . . told her apparently [] don't worry about it, [the defendant] was violated." When he returned to Tennessee after the funeral, the defendant again chose not to report to his probation officer because he was "violated." He also stated he could not report because he was caring for his two-year-old son.

         The defendant "begg[ed] the [trial] [c]ourt to give [him] another chance." He explained if granted probation, he would continue living with his aunt and working for his father. The defendant stated his father paid him "cash under the table, " but he did pay taxes on his earnings. The defendant admitted he has "a problem [] transitioning into society" and stated he "really feel[s] like I need to go get some mental health." Despite those concerns, the defendant believed he did "really good" on probation because "I didn't go out there using drugs. I just got out trying ...


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