State of Tennessee v. Rudy Vincent Dunn, M2016-01935-CCA-R3-CD

Defendant Rudy Vincent Dunn pleaded guilty to possession of marijuana with intent to sell/deliver; aggregate sentence one year, three months; released to determinate probation after serving ~30%.
Multiple probation violations: failure to pay costs and complete community service (Feb–July 2015) and a subsequent misdemeanor drug possession conviction in Davidson County; probation was extended and additional community service ordered.
In May 2016 Dunn tested positive for marijuana; an arrest warrant issued and he admitted at the revocation hearing that he used marijuana while on probation.
Dunn claimed he used marijuana once because he feared he had colon cancer and requested leniency and drug treatment/split confinement instead of incarceration.
The trial court found Dunn had violated probation, discredited his cancer-related explanation, noted prior violations, and ordered execution of the remainder of his sentence in confinement.
On appeal Dunn argued the court abused its discretion by imposing full confinement rather than split confinement and treatment; the Court of Criminal Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by revoking probation and ordering execution of the sentence	State: revocation and incarceration proper; record supports violation and court acted within discretion	Dunn: court should have ordered split confinement and drug treatment; requested leniency because of health concerns	Court: No abuse of discretion; probation revoked and sentence into execution affirmed

State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (probation revocation decisions reviewed for abuse of discretion)
State v. Williamson, 619 S.W.2d 145 (Tenn. Crim. App. 1981) (standards for reviewing revocation)
State v. Delp, 614 S.W.2d 395 (Tenn. Crim. App. 1980) (abuse of discretion when no substantial evidence of violation)
State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (revocation standards)
State v. Grear, 568 S.W.2d 285 (Tenn. Crim. App. 1978) (probation revocation review)
Carver v. State, 570 S.W.2d 872 (Tenn. Crim. App. 1978) (trial judge determines witness credibility)
Bledsoe v. State, 378 S.W.2d 811 (Tenn. 1965) (credibility for trial court in revocation proceedings)