Assigned on Briefs September 4, 2019
from the Circuit Court for Henry County Nos. 15477, 15508,
15747 Donald E. Parish, Judge
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
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
J. McCadams, Paris, Tennessee, for the appellant, Brian
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.
TIMOTHY L. EASTER, JUDGE.
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").
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.
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.
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. 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
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. 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.
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.
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