Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2019
from the Circuit Court for Warren County No. 18-CR-1764 Larry
B. Stanley, Jr., Judge.
defendant, Robbie Joe Kilgore, appeals the order of the trial
court revoking his probation and ordering him to serve his
original three-year sentence in confinement. Upon review of
the record, we conclude the trial court did not abuse its
discretion in finding the defendant violated the terms of his
probation, and the imposed sentence is proper. Accordingly,
the judgment of the trial court is affirmed.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
P. M. Partin, District Public Defender; Ricky L. Stacy,
Assistant Public Defender, for the appellant, Robbie Joe
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Assistant Attorney General; Lisa S.
Zavogiannis, District Attorney General; and Thomas Miner,
Assistant District Attorney General, for the appellee, State
Ross Dyer, J., delivered the opinion of the court, in which
Norma McGee Ogle and Alan E. Glenn, JJ., joined.
ROSS DYER, JUDGE.
and Procedural History
27, 2018, the defendant, Robbie Joe Kilgore, pleaded guilty
to theft of property over $2, 500 and received a three-year
sentence with the Tennessee Department of Correction,
suspended to supervised probation. The terms of probation
required, in part, the defendant to report any changes in
residence to his probation officer, to not use or possess any
illegal drugs, and to follow all instructions given by his
July 16, 2018, the defendant tested positive for amphetamine,
methamphetamine, and marijuana. Additionally, the defendant
failed to inform his probation officer before changing his
residence, failed to report for his risk assessment as
instructed by his probation officer, and failed to report to
his forensic social worker as instructed by his probation
officer. A probation violation warrant was issued on August
8, 2018, and a revocation hearing was held on January 9,
revocation hearing, no evidence was presented, and the
defendant stipulated to the fact that he violated the terms
of his probation. The defendant requested a sentence of
ninety days confinement followed by supervised probation. The
State did not make a sentencing recommendation but stated,
although this was the defendant's first violation in this
case, his criminal history revealed he had five previous
probation violations. At the conclusion of the hearing, the
trial court revoked the defendant's probation and ordered
him to serve the original three-year sentence in the
Tennessee Department of Correction. This timely appeal
appeal, the defendant argues the trial court erred in
ordering him to serve the original sentence in confinement.
Because this was his first violation in this case, the
defendant contends the trial court abused its discretion in
"fully revoking his probation." The State contends
the trial court properly exercised its discretion in revoking
the defendant's probation and ordering him to serve ...