State of Tennessee v. Brandon Ray Rust, M2015-02284-CCA-R3-CD

Brandon Ray Rust pled guilty to a Class D burglary charge and received judicial diversion with three years probation and $810 restitution; the companion theft charge was dismissed.
Probation officer filed violations: September 2014 arrests (disorderly conduct/resisting arrest; public intoxication) and failure to pay restitution/fees; March 2015 affidavit alleged he changed residence without notification and was an absconder.
Rust later pled guilty to the new criminal charges; he testified that job loss, homelessness, and family stress led to drinking and the arrests, and asked for mercy and another chance.
Rust admitted failing to meet with his probation officer for months and not reporting the shelter residence; a Coffee County probation revocation was pending for related conduct.
The trial court revoked probation at the August 2015 hearing and ordered Rust to serve the balance of his seven-year sentence in confinement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by revoking probation and ordering confinement	Rust: although he violated probation, the court should impose alternatives (short split confinement, community corrections, mandatory alcohol treatment, employment training) due to homelessness and instability	State: probation revoked for multiple violations including new offenses; court may order confinement for violations	Court: No abuse of discretion; revocation and order to serve balance in confinement affirmed

State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (trial court may order service of remainder of sentence after probation revocation)
State v. Leach, 914 S.W.2d 104 (Tenn. Crim. App. 1995) (probation revocation rests in trial court's sound discretion)
State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (abuse-of-discretion with presumption of reasonableness is standard for sentencing review)
State v. Phelps, 329 S.W.3d 436 (Tenn. 2010) (defines when a court abuses its discretion)