State v. George Woods

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON DECEMB ER SESSION, 1997 FILED January 23, 1998 STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9701-CC-00037 ) Cecil Crowson, Jr. Appellee, ) NO. 5970 BELOW Appellate C ourt Clerk ) ) ) HARDEMAN COUNTY VS. ) ) HON. JON KERRY BLACKWOOD GEORGE E. WOODS, ) JUDGE ) Appe llant. ) ORDER Appellant was convicted upon pleas of guilty to driving on a revoked license and speeding. He was tried by a jury and acquitte d of charges that he possessed over .5 grams of cocaine. For the driving on a revoked license conviction, Appellant was sentenced to three months incarceration in the county jail with 75% service required; he was also fined $50. Appellant was also fined $25 for speeding. On appeal Appellant contends the trial court erred in denying him probatio n or allowin g him to s erve his se ntence on house arrest. After a review of the record we are of the opinion that the judgm ent of the trial court shou ld be affirmed pursua nt to Rule 20, Rules of the Court of Criminal Appeals. The record reflects that Appellant has an extensive record of citations for motor vehicle offenses including violations of the registration law, driving without a license, improper vehicle license, and speeding. In addition in June, 1988, Appellant was convicted of felonious possessio n of marijuana and served 45 days with the balan ce of a thre e year se ntence suspe nded. While on probation for the marijuana convic tion Appellant was found guilty of cocaine possession. In January , 1992, Appellant was again convicted of cocaine possesion and placed on probation. It is obvious that Appellant has generally disregarded this state’s drug and motor vehicle laws. P rior pro bation ary pe riods h ave no t deterr ed Ap pellan t’s continued criminal activity. Under these circumstances we find no error in the denial of a suspended sentence or other alternative sentence. According ly, the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. ____________________________________ JERRY L. SMITH, JUDGE CONCUR: ___________________________________ JOE B. JONES, PRESIDING JUDGE ___________________________________ J. CURWOOD WITT, JR., JUDGE -2-