State v. Gary W. Tomlin

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED JUNE SESSION, 1997 September 4, 1997 Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9604-CR-00152 ) Appellee, ) ) SUMNER COUNTY ) V. ) ) HON. JANE WHEATCRAFT, JUDGE GARY W. TOMLIN, ) ) Appellant. ) (REVOCATION OF PROBATION) FOR THE APPELLANT: FOR THE APPELLEE: THOMAS T. OVERTON JOHN KNOX WALKUP 213 Third Avenue, North Attorney General & Reporter Nashville, TN 37201 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243 LAWRENCE RAY WHITLEY District Attorney General C. WAYNE HYATT Assistant District Attorney General 113 West Main Street Gallatin, TN 37066 OPINION FILED ________________________ AFFIRMED THOMAS T. WOODALL, JUDGE ORDER The Appellant, Gary W . Tomlin, Jr. , appeals the revocation of his probation by the trial court in Sumner County. At the revocation hearing, the State presented evidence of the Appellant’s failure to comply with the conditions of his probation. The Appellant testified and gave explanations for his failure to comply with the probation conditions. After hearing all the evidence, the trial court made specific findings of fact set forth in court orders, that Appellant had violated the conditions of his probation. Appellant, relying upon Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), argues on appeal that his due process rights were violated because the trial court failed to set forth in writing the evidence relied upon and the reasons for the probation revocation. The trial court’s orders of record in this matter do not support Appellant’s arguments. As the evidence does not preponderate against the findings of the trial judge and there is no error of law requiring a reversal of the judgment which is apparent on the record, the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee. -2- ____________________________________ THOMAS T. W OODALL, Judge CONCUR: ___________________________________ JOSEPH B. JONES, Presiding Judge ___________________________________ W ILLIAM M. BARKER, Judge -3-