Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs August 27, 2019
from the Circuit Court for Blount County No. C25232 David
Reed Duggan, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Liddell Kirk, Knoxville, Tennessee, for the appellant,
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
Ross Dyer, J., delivered the opinion of the court, in which
Camille R. McMullen and Timothy L. Easter, JJ., joined.
ROSS DYER, JUDGE
and Procedural History
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. 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.
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.
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.
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
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 ...