Background

• Timothy Reynolds pleaded guilty to sale of < .5 grams of cocaine (Class C felony) and received a six-year sentence with one year incarcerated and the remainder suspended to supervised probation.
• Reynolds had two prior probation revocations: first (July 2015) for alleged robbery and unpaid fees resulting in 75 days jail and reinstatement; second (Nov.–Dec. 2015) for vandalism/public intoxication and fees, revoked but immediately reinstated.
• Reynolds reported to probation sporadically through March 2016, then stopped reporting; a May 2016 violation alleged failure to report, failure to provide proof of employment, and failure to pay supervision fees and costs.
• At the revocation hearing Reynolds testified he moved to Nashville for work, tried to contact the probation office (received recordings), visited the courthouse, spoke with a probation officer in Nashville, and later turned himself in when he learned he had absconded.
• The trial court found Reynolds failed to prove employment or payments, had not reported since March, and owed fees; the court revoked probation completely and ordered him to serve the balance of his sentence.

Issues

Key Cases Cited

• Harkins v. State, 811 S.W.2d 79 (Tenn. 1991) (probation revocation reviewed for abuse of discretion)
• Leach v. State, 914 S.W.2d 104 (Tenn. Crim. App. 1995) (standard for probation revocation review)
• Pollard v. State, 432 S.W.3d 851 (Tenn. 2013) (presumption of reasonableness applies to sentencing decisions)
• Delp v. State, 614 S.W.2d 395 (Tenn. Crim. App. 1980) (revocation requires substantial evidence of violation)
• Shaffer v. State, 45 S.W.3d 553 (Tenn. 2001) (abuse-of-discretion standard in probation revocation)
• Carver v. State, 570 S.W.2d 872 (Tenn. Crim. App. 1978) (trial judge determines witness credibility in revocation hearings)
• Bledsoe v. State, 387 S.W.2d 811 (Tenn. 1965) (credibility determinations are for the trial court)