IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON FILED
MARCH SESSION , 1999 June 10, 1999
Cecil Crowson, Jr.
Appellate Court Clerk
STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9806-CC-00177
)
Appellee, )
) MADISON COUNTY
V. )
)
) HON. ROY B. MORGAN, JR., JUDGE
HARR Y LEE GOF F, JR., )
)
Appe llant. ) (VEHICL E BUR GLARY )
FOR THE APPELLANT: FOR THE APPELLEE:
CLIFFORD K. McGOWN, JR. JOHN KNOX WALKUP
113 North Court Square Attorney General & Reporter
P.O. Box 26
Wa verly, TN 37185 GEORGIA BLYTHE FELNER
(On App eal Only) Assistant Attorney General
2nd Floor, Cordell Hull Building
GEORGE MORTON GOOGE 425 Fifth Avenue North
District Public Defender Nashville, TN 37243
STEPHEN P. SPRACHER JAMES G. WOODALL
Assistant Public Defender District Attorn ey Ge neral
227 West Baltimore Street
Jackson, TN 38301 JAMES W. THOMPSON
(At Tr ial) Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302
OPINION FILED ________________________
JUDG MEN T AFF IRME D;
REMANDED TO TRIAL COURT
THOMAS T. WOODALL, JUDGE
OPINION
The Defendant, Harry Lee Goff, Jr., appeals as of right following the
revocation of his probation by th e Circuit Court of Madison C ounty. Defendant was
indicted for vehicular burglary and theft of property with a value of less than $500.00.
He pled nolo contendere to vehicular burglary and the theft charge was dismissed
in exchange for a two (2) year sentence subject to judicial diversion under
Tennessee Code Annotated section 40-35-313. Therefore, no judgment of guilt was
entered. Under the terms of this se ntence, De fendant was ordered to pe rform two
hundred (200) hours of public service work, pay restitution in the amount of $80.00,
and was ordered to comply with the standard provisions of probation under
supervision of the Community Corrections program. As a result of alleged violations
of the terms of his proba tion, a hearing was held before the trial court on May 12,
1998. Defenda nt’s probation wa s revoked an d he was tak en into custod y to serve
his sentence. The Defendant conten ds that the trial court erre d in orde ring him to
serve the rem ainde r of his s enten ce in the Madison County Jail or workhouse after
his probation wa s revoked. W e affirm the judgment of the trial court, but remand for
proceedings consistent with this opinion.
At the revocation hearing, Janey McNatt testified that Defendant was placed
in the program in May 1997 to serve a two (2) year sentence on probation . On
December 2, 1997, D efendant was convicted of assault. Other charges of
contributing to the delin quenc y of a min or and e ncoura ging thos e mino rs to shoplift
were pendin g at the tim e of the revocation hearing. McNatt stated that the
Defendant admitted to consuming alcohol while he was in Community Corrections,
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which she explained was specifically in violation of the terms of that probation. In
addition, when Defendant was arrested for the assault, he failed to notify that arrest
to his Com munity Corrections o fficer, another violation of his probation. Defendant
did not provid e evide nce o f his employment during this probation period, except for
a brief four (4) or five (5) week period. Finally, he failed to report to his probation
officer and to pay his fees.
The Defe ndan t testified at the h earing and a dmitte d that h e did n ot pers onally
inform his proba tion officer of h is arrest, although D efendant state d he did leave a
message on the officer’s answ ering machine. He further admitted that he did not
have steady emplo ymen t and wa s convicte d of assa ult. Defendant stated that the
probation officer testified truthfully regarding his violations of the terms of probation.
The trial court ordered Defendant’s sentence of probation to be revo ked, with
the Defendant to serve the remainder of his two (2) year sentence in the Madison
Coun ty Jail or Workhouse. The trial court entered a “Revocation Order,” however
no judgment of guilt was entered. Tennessee Code Annotated section 40-35-313
states that “[u]pon violation of a c ondition of the probation, the court may enter an
adjudication of gu ilt and proceed a s otherwise pro vided.”
Because the trial c ourt faile d to en ter a jud gme nt of D efend ant’s g uilt, this
case must b e rema nded to enter the judgment reflecting the conviction and sentence
accord ing to the p rovisions o f Tenn essee Code Annota ted sectio n 40-35 -313.
The order of the trial court revoking the probation pursuant to judicial diversion
and requiring Defe ndan t to serve a two (2 ) year s enten ce in the Ma dison Coun ty Jail
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or Wo rkhouse is affirm ed. However, this case is remanded to the trial court to enter
the stand ard judg ment o f conviction .
____________________________________
THOMAS T. W OODALL, Judge
CONCUR:
___________________________________
GARY R. WA DE, Presiding Judge
___________________________________
JOSEPH M. TIPTON, Judge
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