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. Long

Court of Criminal Appeals of Tennessee, Jackson

November 8, 2019

STATE OF TENNESSEE
v.
BRIAN MARQUINCE LONG

          Assigned on Briefs September 4, 2019

          Appeal from the Circuit Court for Henry County Nos. 15477, 15508, 15747 Donald E. Parish, Judge

         In this consolidated appeal, Defendant, Brian Marquince Long, challenges the trial court's revocation of Community Corrections in three separate cases. After a review, we conclude that the trial court did not abuse its discretion in revoking Defendant's Community Corrections sentence and ordering him to serve his effective seventeen-year sentence in incarceration.

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

          Hansel J. McCadams, Paris, Tennessee, for the appellant, Brian Marquince Long.

          Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Matthew F. Stowe, District Attorney General; and Paul Hessing and Jerald M. Campbell, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which Alan E. Glenn and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          TIMOTHY L. EASTER, JUDGE.

         This appeal concerns the revocation of Community Corrections in three separate cases originating in Henry County Circuit Court: case number 15477 (the "possession case"); case number 15508 (the "drug dealing case"); and case number 15747 (the "contraband case").

         In the possession case, Defendant was arrested in April of 2014, after a traffic stop during which police found marijuana on Defendant's person and cocaine in the crease of a five dollar bill located in the vehicle. In July of 2015, Defendant was indicted for two counts of possession of a controlled substance with two prior convictions from Henry County in 2002 and 2011.

         The drug dealing case occurred in September of 2015, while the possession case was still pending. Defendant was arrested after a traffic stop during which police discovered crack cocaine and marijuana packaged for resale. According to the affidavit accompanying the arrest warrant, Defendant admitted that he shoved several baggies of drugs down a friend's pants immediately prior to the traffic stop. Defendant was indicted by the Henry County Grand Jury in November of 2015 for one count of possession of .5 grams or more of cocaine with intent to deliver.

         In December of 2015, Defendant entered a best interest plea in the drug dealing case, pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of possession of .5 grams or more of cocaine with the intent to deliver.[2] Defendant received a sentence of eight years on Community Corrections after the service of 67 days in incarceration. The judgment form specified that Defendant was "to go to long-term rehabilitation while on [C]ommunity [C]orrections." As part of the guilty plea, Defendant signed a "Behavioral Agreement" listing the conditions of his sentence and an agreement to pay court costs and fines. The possession case was still pending at this time.

         On February 1, 2016, a violation report was filed in the drug dealing case, claiming that Defendant violated the terms of Community Corrections when he was arrested in January of 2016 and received new charges for driving on a suspended license, simple possession/casual exchange, and criminal trespass.[3] In addition, the violation report claimed that Defendant failed to report the new charges to his case officer. The technical record contains an "offender termination" form indicating that Defendant was "partially revoked on 5-11-16" in the drug dealing case and ordered to serve 90 days in confinement. The partial revocation order states that Defendant "admitted that he had violated the terms and condition of his supervision" by incurring new charges and failing to report those charges to his case officer. The partial revocation order was not filed until June 27, 2016, but there is a notation entering the order nunc pro tunc May 11, 2016.

         On May 11, the same day he was partially violated on the drug dealing case, the possession case was finally resolved: Defendant pled guilty to one count of possession of cocaine in exchange for a two-year sentence as a Range I, standard offender, to be served concurrently to the sentence in the drug dealing case. The judgment form for the possession case was not filed until July 11, 2016, but indicated that the sentence was imposed the same day the trial court partially revoked the Community Corrections sentence in the drug dealing case, May 11. In exchange for the guilty plea in the possession case, Defendant received 110 days of pretrial jail credit and was ordered to serve an additional 90 days in incarceration, which were run concurrently with the 90-day incarceration period from the partial revocation in the drug dealing case, prior to returning to Community Corrections. Again, as part of the guilty plea, Defendant signed a "Behavioral Agreement" that explained the conditions of his Community Corrections sentence. Defendant also signed an agreement to pay court costs. The charge for possession of marijuana was nolle prossed.

         On March 2, 2017, violation reports were filed in both the possession case and the drug dealing case alleging that Defendant violated the "Behavioral Agreement" by failing to have "face to face contact with the Community Corrections Officer" since February 1, 2017, and by failing to make payments to the trial court. Amended violation reports were filed in both the possession case and the drug dealing case in May of 2017. The amended reports alleged Defendant had also acquired new charges for ...


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.