IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
NOVEMBER 1997 SESSION
December 17, 1997
Cecil W. Crowson
Appellate Court Clerk
STATE OF TENNESSEE, )
) C.C.A. NO. 01C01-9701-CC-00027
Appellee, )
) MONTGOMERY COUNTY
VS. )
) HON. JOHN H. GASAWAY, III,
JEFFERY SCOTT SCHMIDT, ) JUDGE
)
Appellant. ) (Revocation of Community Corrections)
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL JONES JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
COLLIER W. GOODLETT DARYL J. BRAND
Asst. Public Defender Asst. Attorney General
109 South 2nd St. 450 James Robertson Pkwy.
Clarksville, TN 37040 Nashville, TN 37243-0493
JOHN W. CARNEY
District Attorney General
STEVE GARRETT
Asst. District Attorney General
204 Franklin St.
Clarksville, TN 37041
OPINION FILED:____________________
AFFIRMED - RULE 20 ORDER
JOHN H. PEAY,
Judge
OPINION
The defendant was convicted, on a guilty plea, in March 1993 on a charge
of theft. A four year sentence was imposed with all but ninety days being suspended.
The defendant’s probation was revoked on two previous occasions for violations. He was
placed back on probation at the first revocation and placed in Community Corrections
after the second revocation.
On July 6, 1995, a warrant was issued for the defendant to revoke his
Community Corrections sentence relying on arrests and convictions in the General
Sessions Court and on his failure to abide by his curfew requirements. The trial court,
finding that the factual allegations were true and that alternative sentencing had not been
successful, revoked the defendant’s Community Corrections sentence and ordered him
to serve the balance of his sentence with the Department of Correction.
We have reviewed the record in this case and conclude that this is an
appropriate case for affirmance under Rule 20 of the Court of Criminal Appeals.
It appearing that the appellant is indigent, costs of the appeal will be paid
by the State, for which let execution issue. This matter is remanded to the trial court for
collection of costs accrued below.
_______________________________
JOHN H. PEAY, Judge
CONCUR:
______________________________
JOSEPH M. TIPTON, Judge
______________________________
DAVID H. WELLES, Judge
2