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State v. Underwood

Court of Criminal Appeals of Tennessee, Knoxville

October 17, 2019

STATE OF TENNESSEE
v.
RACHAEL UNDERWOOD

          Assigned on Briefs August 27, 2019

          Appeal from the Circuit Court for Sevier County No. 23791-III Rex H. Ogle, Judge

         Defendant-Appellant, Rachael Underwood, appeals from the Sevier County Circuit Court's order revoking her probation. She originally pled guilty to attempted delivery of a Schedule I controlled substance and driving on a suspended license. She received a six-year suspended sentence, after service of 180 days in jail. In this appeal, the Defendant claims that the trial court erred in revoking her probation. Upon review, we affirm the judgment of the trial court.

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

          Amber D. Haas, Assistant Public Defender, for the Defendant-Appellant, Rachael Underwood.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Assistant Attorney General; Jimmy B. Dunn, District Attorney General; and Charles L. Murphy, Assistant District Attorney General, for the Appellee, State of Tennessee.

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

          OPINION

          CAMILLE R. McMULLEN, JUDGE.

         On April 30, 2018, the Defendant entered a guilty plea to attempted delivery of a Schedule I controlled substance and driving on a suspended license in exchange for the dismissal of possession of a Schedule II controlled substance and possession of drug paraphernalia. The Defendant received a six-year suspended sentence, after 180 days in jail. On May 2, 2018, the Defendant was tested for drugs which revealed the presence of opiates, amphetamines, methamphetamine, buprenorphine, and oxycodone. Two months later, on July 30, 2018, the Defendant's probation officer submitted an affidavit alleging that the Defendant had violated the following terms of her probation:

Rule #4: The defendant has failed to provide proof of employment since being placed on probation.
Rule #6: The defendant failed to report on June 5, 2018 as ordered.
Rule #8: The defendant tested presumptively positive for Opiates, Amphetamines, Methamphetamine, Buprenorphine, and Oxycodone on May 2, 2018. The defendant signed an admission of use stating that she used Suboxone and Meth on or about 4/29/18. The sample was sent for confirmation testing. On or about May 6, 2018 confirmation testing showed the sample positive for Amphetamine at 9672 ng/ml; Buprenorphine at 91 ng/ml; Norbuprenorphine at 228 ng/ml; Morphine at 1056 ng/ml; and Oxymorphone at 390 ng/ml.
Rule #9: The defendant has failed to provide proof of payment on court costs, fines, ...

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