State of Tennessee v. Jerry Dale Baker
M2020-01387-CCA-R3-CD
Tenn. Crim. App.Sep 22, 2021Background
- Aug. 5, 2019: Baker pled guilty to possession of methamphetamine with intent to sell; received an 8-year sentence, suspended to supervised probation after six months in jail.
- While on probation, Baker failed initial drug screen (methamphetamine, amphetamine, THC) and missed multiple reporting appointments; later turned himself in to serve the six-month jail term on Sept. 11, 2019.
- A STRONG-R assessment rated Baker as high risk for drug-related violations.
- May 5, 2020: Baker was arrested in Bedford County for possession of methamphetamine and drug paraphernalia, and was in Bedford County without permission from his probation officer; he served 30 days on those new charges.
- Trial court found Baker violated probation based on his presence, arrest, and conviction on the new charges and revoked probation, ordering Baker to serve the remainder of the eight-year sentence in confinement.
- Baker appealed solely arguing the court abused its discretion by ordering full revocation instead of an alternative (e.g., split confinement conditioned on inpatient rehabilitation).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Baker) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by fully revoking probation and ordering confinement instead of imposing an alternative like split confinement with inpatient rehab | Trial court acted within authority; Baker violated probation by new drug offense and presence in another county; revocation and confinement were permissible | Court should have imposed an alternative (split confinement/rehab) because Baker needs treatment for methamphetamine addiction and full confinement is inappropriate | Affirmed: court did not abuse its discretion; once violation proven, court may order confinement and Baker is not entitled to a second grant of probation |
Key Cases Cited
- State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (probation revocation is within trial court discretion; reversal requires no substantial evidence of violation)
- State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (standard for reviewing probation revocation for abuse of discretion)
- State v. Hunter, 1 S.W.3d 643 (Tenn. 1999) (once violation found, trial court authorized to order confinement)