State of Tennessee v. Timmy Thompson
E2016-00749-CCA-R3-CD
| Tenn. Crim. App. | Nov 7, 2016Background
- Defendant Timmy Thompson convicted of criminal simulation (> $10,000) and received a six-year sentence suspended to Community Corrections.
- Released from jail Sept. 9, 2015; allegedly failed to report to Community Corrections and later tested positive for benzodiazepines.
- Affidavit of violation filed Sept. 10, 2015 and amended Jan. 6, 2016; defendant arrested Jan. 1, 2016.
- Trial court held an evidentiary revocation hearing (transcript not in record) and found a material violation on Feb. 16, 2016.
- At a March 22, 2016 sentencing hearing, the State presented a recommendation from a treatment specialist who said no suitable alternative placement was found and recommended placement in TDOC special needs unit.
- Trial court revoked Community Corrections and ordered defendant to serve the balance in TDOC (requesting special needs placement); defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by ordering confinement after revocation | State: revocation and confinement proper; defendant materially violated terms | Thompson: trial court should have imposed another alternative sentence instead of confinement | Court: No abuse of discretion; confinement permissible after revocation |
| Whether appellate review waived for lack of revocation-hearing transcript | State: issue waived without transcript | Thompson: challenges sentencing decision, not finding of violation; should not be waived | Court: did not treat issue as waived and reviewed merits |
Key Cases Cited
- State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (standard: revocation reviewed for abuse of discretion; violation proven by preponderance)
- State v. Grear, 568 S.W.2d 285 (Tenn. 1978) (no abuse of discretion if substantial evidence supports violation finding)
- State v. Delp, 614 S.W.2d 395 (Tenn. Crim. App. 1980) (same principle regarding support for revocation)
- State v. Hunter, 1 S.W.3d 643 (Tenn. 1999) (court may order confinement or otherwise modify sentence after finding probation/suspended sentence violation)