State of Tennessee v. Jesse James Somerville, IV, W2016-01128-CCA-R3-CD

Defendant Jesse James Somerville IV pled nolo contendere to attempted second-degree murder on Jan 8, 2016; original eight-year sentence was suspended and he was placed on eight years of supervised probation.
Probation conditions included obeying all laws, maintaining employment, attending a resource center referral, paying supervision fees, and not using/possessing illegal drugs or weapons.
Probation violation warrant alleged: failed drug screen (THC) on Jan 19, 2016; failure to pay fees; failure to comply with resource center referral; failure to maintain employment; and arrest on Feb 16, 2016 for possession of marijuana and firearms-related charges.
Officers observed multiple men flee a vehicle into a house; defendant was wearing white and the homeowner said she saw him reach toward a chair where a 9mm pistol (hidden under a bandana) was later found; marijuana was found in the house and vehicle.
At the revocation hearing the State presented testimony from probation/parole and the arresting officer; defendant presented no contradictory evidence and argued only that he’d been incarcerated much of the time and that possession evidence was not proved.
Trial court revoked probation and ordered service of the original eight-year sentence; the Court of Criminal Appeals affirmed, finding substantial evidence of probation violations (both criminal and technical).

Issue	Plaintiff's Argument (State)	Defendant's Argument (Somerville)	Held
Whether sufficient evidence supported revocation of probation	Evidence showed failed drug screen, technical violations, and arrest with marijuana and firearms where defendant was observed and seen reach toward the chair containing a gun; constructive possession applies	Arrest/homeowner statements and officer observations were insufficient; no direct proof of actual possession; items may have preexisted defendant’s presence	Revocation affirmed: substantial evidence supports finding defendant violated probation by preponderance of the evidence

Leach v. State, 914 S.W.2d 104 (Tenn. Crim. App. 1995) (trial judge must adduce sufficient evidence at probation revocation hearing)
Mitchell v. State, 810 S.W.2d 733 (Tenn. Crim. App. 1991) (standards for probation revocation procedures)
Shaffer v. State, 45 S.W.3d 553 (Tenn. 2001) (appellate review of probation revocation requires defendant to show abuse of discretion; revocation supported only if no substantial evidence)
Harkins v. State, 811 S.W.2d 79 (Tenn. 1991) (no abuse of discretion when substantial evidence supports probation violation)
Lewis v. State, 917 S.W.2d 251 (Tenn. Crim. App. 1995) (effect of probation violation on suspended sentence timing and reinstatement)