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. Contreras

Court of Criminal Appeals of Tennessee, Nashville

October 9, 2019

STATE OF TENNESSEE
v.
YODELKIS CONTRERAS

          Session: August 21, 2019

          Appeal from the Circuit Court for Bedford County No. 15505 F. Lee Russell, Judge

         The defendant, Yodelkis Contreras, appeals from the revocation of the probationary sentence imposed for his 2005 Circuit Court guilty-pleaded conviction of aggravated robbery, claiming that, because the original sentence of probation was illegal, the trial court lacked jurisdiction to revoke his probation and that the delay between the issuance of the original probation violation warrant and the probation revocation hearing violated his constitutional right to a speedy disposition of the violation. We conclude that although the originally-imposed sentence of 10 years' probation was illegal, see T.C.A. § 40-35-303(a), the defendant's current sentence of 10 years' confinement is not. Thus, regardless OF whether the trial court possessed jurisdiction to revoke the defendant's probation due to the sentencing illegality, the trial court retained jurisdiction to correct the illegal sentence and impose a sentence of 10 years' confinement. Accordingly, we affirm the judgment of the trial court.

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

          Michael J. Flanagan, Nashville, Tennessee, for the appellant, Yodelkis Contreras.

          Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; W. Michael McCown, District Attorney General; and J. Wesley King, 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., J., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         The history of this case is marked by error, confusion, and neglect.

         Following the transfer of his case from juvenile court, the defendant, who was 17 at the time of the January 2004 offense, entered an open plea of guilty in October 2004 to one count of aggravated robbery for his role in the theft of cash and payroll checks from the Discount Food Mart in Shelbyville. On January 6, 2005, the Bedford County Circuit Court imposed a sentence of 10 years' probation. Then, on August 16, 2005, the trial court, noting that "a prosecutor in Davidson County" had questioned the legality of the defendant's 10-year probationary sentence, ordered the case set "for review of the legality of the sentence previously imposed." No transcript of any subsequent proceeding was included in the record on appeal, but, in a November 3, 2005 order, the trial court stated that neither party "in the Bedford County case has moved to challenge the legality of the sentence, so that there is nothing currently pending before the Circuit Court of Bedford County." The trial court also stated that "the parties acknowledged in open court that in the event that a revocation proceeding was filed" in the defendant's case, the defendant "would at that time be able to raise a question about the legality of the original Bedford County sentence." The trial court found, based upon the parties' agreement, "that until one of the parties files a motion to set aside the current Bedford County judgment, the trial court does not have jurisdiction to set aside the sentence."

         In February 2006, supervision of the defendant's Bedford County sentence of probation was transferred to probation officials in Davidson County. No further action occurred in the defendant's Bedford County case until April 28, 2011, when probation officials in Bedford County filed a probation violation report, alleging that the defendant had violated the terms of his probation by incurring a Davidson County misdemeanor conviction for "attempted altered tag" in September 2007 and by failing to pay restitution or court costs. The report indicated that the defendant's probation in the Davidson County cases had been revoked and reinstated following his testing positive for cocaine in August 2006. A Bedford County probation violation warrant issued on May 5, 2011, based upon these allegations, but the warrant was not immediately served on the defendant.

         No further action occurred in the Bedford County case until May 2014, when an amended probation violation report was filed that stated that the defendant "has not reported to probation since 5-4-11. Davidson County closed his case with Bedford County still being active. A violation was filed in Bedford County and has not been served at this time." A Bedford County violation warrant carrying these allegations issued on June 5, 2014, but, again, the warrant was not immediately served on the defendant. Then, on September 19, 2016, the Bedford County Circuit Court issued an order placing the defendant's case "on the retired docket as an 'unapprehended defendant' subject to being reactivated." The order indicated that the capias had not been served on the defendant.

         Then, via order dated February 2, 2017, the Bedford County Circuit Court denied the defendant's request for bond and set a hearing on the alleged probation violations for March 2, 2017. Another amended Bedford County probation violation warrant issued on February 14, 2017, adding allegations that the defendant had violated the terms of his probation by garnering a federal drug conviction and by leaving the state without permission. The latter violation was based upon the probation officer's assertion that the defendant's presence in Texas was "evidenced" by his guilty plea in a drug conspiracy case in the Western District of Texas.

         At the May 4, 2017 revocation hearing, Probation Officer Lance Fulks testified that the defendant was originally placed on probation for the Bedford County aggravated robbery conviction on January 6, 2005, and that he was later given two two-year sentences of probation for Davidson County convictions of burglary. The two-year Davidson County sentences were aligned concurrently with each other and with the Bedford County ...


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.