IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
FILED
AT KNOXVILLE June 2, 1999
Cecil Crowson, Jr.
APRIL 1999 SESSION Appellate C ourt
Clerk
STATE OF TENNESSEE, )
) C.C.A. No. 03C01-9811-CR-00382
Appellee, )
) WASHINGTON COUNTY NOS:
) 23800, 23044
VS. )
) HON. ARDEN L. HILL,
) JUDGE
KARA M. CONERO, )
) AFFIRMED - RULE 20
Appellant. )
ORDER
Petitioner, Kara M. Conero, appeals the trial court’s revocation of her
community corrections program and reinstatement of the original sentence. We
affirm the dismissal pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.
I.
On November 5, 1997, petitioner pled guilty to failure to appear and forgery
over $1,000. She received an effective four-year sentence requiring jail time followed
by probation.
On February 6, 1998, the trial court found petitioner to be in violation of her
probation and transferred her into the community corrections program in lieu of
incarceration. On February 7, 1998, petitioner used marijuana. She reported to the
community corrections officer on February 9, 1998, and tested positive for marijuana.
Petitioner was advised to report to the community corrections officer on a daily basis
to avoid further incarceration. Petitioner never again reported to the community
corrections officer.
After a violation hearing on May 20, 1998, the trial court revoked petitioner’s
community corrections sentence and reinstated the four-year sentence.
II.
Petitioner contends she is a drug addict, and the trial court erred by not
authorizing further split confinement followed by an in-patient drug treatment
program. Revocation of probation or community corrections is subject to an abuse
of discretion standard of review, rather than a de novo standard. State v. Harkins,
811 S.W.2d 79, 82 (Tenn. 1991). Petitioner repeatedly violated the conditions of
alternative sentencing. The trial court did not abuse its discretion by revoking
alternative sentencing and requiring the petitioner to serve her sentence.
It is, therefore, ORDERED that the judgment of the trial court is affirmed in
accordance with Rule 20, Rules of the Tennessee Court of Criminal Appeals. Costs
shall be assessed against the state since petitioner is indigent.
_________________________________
JOE G. RILEY, JUDGE
CONCUR:
________________________________
JERRY L. SMITH, JUDGE
________________________________
NORMA MCGEE OGLE, JUDGE
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