State of Tennessee v. Devon Alvon Wilson
M2017-00248-CCA-R3-CD
Tenn. Crim. App.Jul 11, 2017Background
- Defendant Devon Alvon Wilson entered a global plea in 2014 resolving three cases: effective 19-year sentence (3 years incarcerated followed by two consecutive 8‑year probationary terms).
- While on probation, Wilson was arrested on January 28, 2015 after an undercover controlled buy where he sold a white powder (later tested as flour).
- Probation violation warrant (Feb 24, 2015) alleged: arrest (Rule 1), failure to notify probation officer of address change (Rule 5), failure to report (Rule 6), and failure to pay fines/supervision fees (Rule 9).
- At the revocation hearing, the probation officer and an investigator testified to the controlled buy, the defendant’s post‑bond cessation of contact, and that he had absconded from supervision.
- The trial court found violations of Rules 1, 5, and 6, cited the defendant’s repeated drug offenses as aggravating, revoked probation, and ordered the defendant to serve a 16‑year sentence in confinement.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wilson) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by fully revoking probation and ordering full service of the remaining sentence | Revocation and execution of the original sentence is statutorily authorized where probation violation proven by preponderance; trial court acted within discretion | Abuse of discretion; court should have imposed a partial revocation (one year) or only executed the 8‑year sentence for case no. 21698 | Court affirmed: substantial evidence supported violations; full execution of sentence is a permissible discretionary sanction |
Key Cases Cited
- State v. Kendrick, 178 S.W.3d 734 (Tenn. Crim. App. 2005) (discusses standard for probation revocation)
- State v. Mitchell, 810 S.W.2d 733 (Tenn. Crim. App. 1991) (probation may be revoked and original sentence imposed)
- State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (appellate review of revocation is for abuse of discretion)
- State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (standards for appellate review of discretionary rulings)
- State v. Milton, 673 S.W.2d 555 (Tenn. Crim. App. 1984) (proof of violation need only be by preponderance)
- Roberts v. State, 584 S.W.2d 242 (Tenn. Crim. App. 1979) (same principle on burden of proof for revocation)
- State v. Hunter, 1 S.W.3d 643 (Tenn. 1999) (enumerates post‑revocation options available to trial court)
- State v. Reams, 265 S.W.3d 423 (Tenn. Crim. App. 2007) (distinguishes finding a violation from selecting appropriate sanction)
