Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs April 23, 2019
from the Criminal Court for Knox County Nos. 110295, 108649
Bobby R. McGee, Judge
a revocation hearing, the trial court revoked the probation
of Defendant, Justin Ryan Johnson, and ordered confinement
for his remaining sentence. On appeal, Defendant alleges the
trial court abused its discretion and requests the revocation
be reversed and his sentence be returned to enhanced
probation. Based upon the record and the parties' briefs,
we affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Liddell Kirk, Knoxville, Tennessee (on appeal) and Clinton
Frazier, Maryville, Tennessee (at hearing) for the appellant,
Justin Ryan Johnson, Alias.
Herbert H. Slatery III, Attorney General and Reporter;
Garrett D. Ward, Assistant Attorney General; Charme P. Allen,
District Attorney General; and Jordan Murray, Assistant
District Attorney General, for the appellee, State of
T. Woodall, J., delivered the opinion of the court, in which
Robert W. Wedemeyer and Robert H. Montgomery, Jr., JJ.,
T. WOODALL, JUDGE
August 8, 2016, Defendant pled guilty to five counts of
theft. He received an effective six-year sentence, which the
trial court suspended and ordered enhanced probation. As part
of his probation, Defendant was required to complete the
Exodus program in the jail and enter and successfully
complete the Focus Ministries rehabilitation program. He was
also required to submit to drug testing.
probation revocation hearing, Lisa Mooneyham, Defendant's
probation officer, testified that Defendant was not compliant
with the terms of his probation. On December 13, 2016, she
filed a probation violation report stating Defendant had
tested positive for opiates, cocaine, and methamphetamines
and was negatively discharged from the Focus rehabilitation
program. Upon being discharged, Defendant contacted Ms.
Mooneyham. She told Defendant to stay at the mission and wait
for instructions on how to turn himself over to the court.
Defendant left the mission.
Mooneyham testified that Defendant was arrested on January
24, 2017, for burglary, theft, and criminal impersonation. On
July 27, 2017, an amended probation violation was filed which
included the details of the arrest. Defendant pled guilty to
those charges on July 12, 2017. He received a sentence of
five years, which was converted to enhanced probation to be
aligned consecutively to the earlier theft cases'
probation period of six years. The total probationary period
amounted to eleven years. As part of this probationary
decision, Defendant was transported to "Steps VA House
and Knox Recovery Court." When asked how Defendant did
in the programs, Ms. Mooneyham replied:
Well, he didn't do well. Had some issues with him
reporting. He gave me the impression it was just inconvenient
to do Drug Court and Enhanced at the same time. So when he
wouldn't report, I'd have to go to Steps House to
find him. And I had to reiterate to him, look, you have to
report to me - - not just to Drug Court, but to Enhanced
probation as well, because you're on my supervision.
Mooneyham testified that she later discovered that Defendant
had tested positive for methamphetamine at drug court on
December 5, 2017, and again December 18, 2017. She said that
Defendant also failed to report on November 27 and ...