State of Tennessee v. Tommy Tyrell Johnson, M2016-01243-CCA-R3-CD

Defendant Tommy Tyrell Johnson pleaded guilty to theft (value > $1,000) and received four years probation on Nov. 21, 2014.
Probation was transferred to Hamilton County; multiple alleged probation violations were reported (positive drug screens, discharge from treatment program, failure to obtain employment/job-fair attendance, failure to report arrest, and pending drug/firearm arrests from Aug. 11, 2015).
On Aug. 11, 2015, Chattanooga police stopped a vehicle with Johnson as a passenger, smelled marijuana, searched the car, found marijuana (which Johnson admitted was his), cocaine, and a 9mm firearm; Johnson later admitted ownership of the drugs and gun per officer testimony and an audio recording.
Probation officer records showed prior positive drug tests (Dec. 2014 and Apr. 2015) and discharge from CADAS treatment for lack of engagement.
At the revocation hearing, the trial court found by a preponderance of the evidence that Johnson possessed marijuana and had been unemployed in violation of probation, revoked probation, and ordered execution of the four-year sentence.
Johnson appealed, arguing the revocation was an abuse of discretion, the court improperly relied on pending Hamilton County charges/arrest evidence, and the court should have ordered split confinement rather than full execution.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Johnson)	Held
Whether the trial court abused its discretion in revoking probation and ordering full execution	Court may revoke if violation shown by preponderance; evidence shows violations	Revocation was excessive; requested split confinement	Affirmed: no abuse of discretion; revocation supported by evidence
Whether reliance on evidence of arrest/pending charges was improper	Probation revocation requires preponderance, not conviction; arrests and admissions admissible to show violation	Unfair to defend pending charges at revocation; court improperly considered arrests without final conviction	Held: State met preponderance standard; arrest/admissions admissible to show probation violation
Whether evidence of drug possession supported revocation	Officer testimony and defendant admissions establish possession of marijuana	Denied owning cocaine/gun; challenged fairness	Held: Defendant admitted marijuana possession; sufficient to prove violation
Whether court should have imposed split confinement instead of executing full sentence	N/A (State sought execution)	Requested split or limited confinement to resolve pending charges	Held: Trial court within statutory discretion to order execution after revocation

State v. Harkins, 811 S.W.2d 79 (Tenn. 1991) (revocation standard and appellate review: abuse of discretion)
State v. Williamson, 619 S.W.2d 145 (Tenn. Crim. App. 1981) (standard for reviewing probation revocation)
State v. Delp, 614 S.W.2d 395 (Tenn. Crim. App. 1980) (abuse of discretion when no substantial evidence supports violation)
State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (probation revocation principles)
State v. Grear, 568 S.W.2d 285 (Tenn. 1978) (probation revocation jurisprudence)
Carver v. State, 570 S.W.2d 872 (Tenn. Crim. App. 1978) (trial court determines witness credibility in revocation hearings)
Bledsoe v. State, 378 S.W.2d 811 (Tenn. 1965) (credibility and fact-finding in probation matters)