State of Tennessee v. Ashley Kelso, M2015-00661-CCA-R3-CD

Defendant Ashley Kelso pleaded guilty to introducing a controlled substance into a penal institution (Class C felony) and received 5 years 3 months as a Range I offender, with 3 months to serve and the remainder on probation.
Probation officer alleged multiple probation violations (failure to maintain employment, incorrect address, failure to report, positive drug screen for marijuana, and failure to pay court costs), and a warrant issued on Oct. 29, 2015.
Officer Brown testified Defendant repeatedly gave unverifiable addresses, tested positive for marijuana on Oct. 9, 2015, admitted use, and thereafter failed to report (including missing the Oct. 16 appointment).
Defendant explained a single relapse (marijuana), fear of incarceration caused her to stop reporting, and requested community corrections to care for an ill husband; she had previously been revoked and furloughed to attend a rehab program (Omega House) and obtained employment but left early.
Trial court found violations by a preponderance of the evidence (positive drug test and failure to report), noted prior similar revocation, concluded Defendant was a poor candidate for continued probation, revoked probation, and ordered service of the balance of the sentence.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Kelso)	Held
Whether Kelso violated probation	Probation officer’s testimony and positive drug test show violations (drug use and failure to report)	Kelso contends only a single relapse and fear of incarceration caused failure to report; sought alternative supervision	Court: Violation proven by preponderance; admission and positive test constitute substantial evidence
Whether revocation and incarceration was an abuse of discretion	Court may revoke and order execution of sentence where violations proven; prior revocation supports incarceration	Kelso argued trial court abused discretion and sought community corrections instead of confinement	Court: No abuse of discretion; prior similar violations and willful nonreporting justified revocation and confinement

State v. Kendrick, 178 S.W.3d 734 (Tenn. Crim. App. 2005) (standards for revocation authority and procedure)
State v. Mitchell, 810 S.W.2d 733 (Tenn. Crim. App. 1991) (probation revocation standards)
State v. Milton, 673 S.W.2d 555 (Tenn. Crim. App. 1984) (proof of violation need not be beyond a reasonable doubt)
State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (appellate review of probation revocation is for abuse of discretion)
State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (standards for appellate review of trial court discretion)
State v. Leach, 914 S.W.2d 104 (Tenn. Crim. App. 1995) (trial judge must exercise conscientious judgment; absence supports finding of no abuse of discretion)
State v. Hunter, 1 S.W.3d 643 (Tenn. 1999) (trial court’s discretionary options after revocation)
State v. Reams, 265 S.W.3d 423 (Tenn. Crim. App. 2007) (determination of consequences for probation violations is separate discretionary decision)