Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs August 27, 2019
from the Circuit Court for Sevier County No. 23791-III Rex H.
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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
Camille r. McMullen, J., delivered the opinion of the court,
in which Timothy L. Easter, and J. Ross Dyer, JJ., joined.
CAMILLE R. McMULLEN, JUDGE.
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
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, ...