Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs August 27, 2019
from the Criminal Court for Sullivan County Nos. S67173,
S63174, S61586, S63569 James F. Goodwin, Jr., Judge.
defendant, Jenny Frye, appeals the order of the trial court
revoking her community corrections sentence and ordering her
to serve an increased sentence of eight years 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 her community corrections sentence. Accordingly,
the judgment of the trial court is affirmed in part. However,
because the trial court failed to conduct a sentencing
hearing prior to increasing the defendant's sentence, we
remand the matter for a new sentencing hearing.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Court Affirmed in Part and Reversed in Part; Case
J. Gibbons, District Public Defender; William A. Kennedy,
Assistant Public Defender, for the appellant, Jenny Frye.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Barry P.
Staubus, District Attorney General; and Emily 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
January 24, 2013, the defendant pled guilty to one count of
failure to appear (S61, 586) and was sentenced to eighteen
months on community corrections. As part of her sentence, the
defendant was ordered to receive treatment at the John R. Hay
House ("Hay House"). However, she left the Hay
House in May 2013, violating her sentence.
22, 2014, the defendant pled guilty to identity theft (S63,
569) and misdemeanor escape (S63, 174). She received an
effective sentence of two years, which was to run
consecutively to her sentence in S61, 586. As before, her
sentences were to be served on community corrections. The
defendant subsequently stopped reporting, and a violation
warrant was issued on August 27, 2015.
additional violation warrant was issued in January 2016, and,
on November 17, 2017, the defendant pled guilty to felony
failure to appear (S67, 173). She received a sentence of one
year on community corrections to be served consecutively to
her sentences in S63, 174 and S63, 569 and was ordered to
resume treatment at the Hay House. Additionally, the trial
court enhanced the defendant's sentence in S63, 174 to
two years, giving her an effective sentence of five years,
six months. However, the defendant again absconded
from the Hay House, and a violation warrant was issued on
January 4, 2018. The defendant was later discovered in
Knoxville and arrested in April 2018.
September 14, 2018, the trial court held a revocation
hearing, and the defendant pled guilty to the violation of
her community corrections sentence. The defendant requested
to be sent to a drug treatment facility to address her drug
addiction, and she testified a bed was waiting for her at the
Eagles Nest, a drug treatment center in Knoxville. The
defendant admitted she had used drugs since the age of
fourteen and testified she was "ready to change [her]
life for the first time." She was particularly eager to
mend her relationship with her daughter, who had tried to
commit suicide due to the defendant's addiction.
Additionally, the defendant's family, including her ill
mother, lived in Knoxville and would support the
defendant's journey to sobriety. On cross-examination,
the defendant agreed she absconded every time she had the
Henson, the defendant's mother, testified she was very
ill, and the defendant left the Hay House to care for her in
Knoxville. Although Ms. Henson did not have anyone to help
her around the house at the time the defendant left the Hay
House, Ms. Henson testified a nurse now comes to her home to
assist her. Ms. Henson described the defendant as
"caring" and "loving" but stated the
defendant's behavior was "different on drugs."
On cross-examination, Ms. Henson agreed she did not ...