IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
JUNE 1997 SESSION
August 15, 1997
Cecil W. Crowson
Appellate Court Clerk
STATE OF TENNESSEE, )
)
APPELLEE, )
) No. 01-C-01-9608-CR-00375
)
) Sumner County
v. )
) Jane F. Wheatcraft, Judge
)
) (Revocation of Community Corrections
) Sentence)
MARSHALL L. SCRUGGS, )
)
APPELLANT. )
FOR THE APPELLANT: FOR THE APPELLEE:
Pamela E. Beck John Knox Walkup
Assistant Public Defender Attorney General & Reporter
117 East Main Street, Suite 2C 500 Charlotte Avenue
Gallatin, TN 37066 Nashville, TN 37243-0497
(Appeal Only)
Daryl J. Brand
Nancy B. Meyers Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
117 East Main Street, Suite 2C Nashville, TN 37243-0493
Gallatin, TN 37066
(Trial Only) Lawrence Ray Whitley
District Attorney General
OF COUNSEL: 113 Main Street
Gallatin, TN 37066-2803
David A. Doyle
District Public Defender Dee D. Gay
117 East Main Street, Suite 2C Assistant District Attorney General
Gallatin, TN 37066 113 Main Street
Gallatin, TN 37066-2803
OPINION FILED:________________________________
AFFIRMED PURSUANT TO RULE 20
Joe B. Jones, Presiding Judge
OPINION
The appellant, Marshall L. Scruggs (defendant), appeals as of right from a judgment
of the trial court revoking his community corrections sentence and requiring him to serve
the sentence previously imposed by the court. In this Court, the defendant contends the
trial court abused its discretion by revoking his probation.
This is the second community corrections revocation in this case. The record
reflects the defendant violated the terms of his house arrest. He was subsequently
arrested for underage consumption of alcohol, driving while under the influence, and
driving while his license was suspended. He was convicted of DUI and the other two
charges were retired.
After a thorough review of the record, the briefs submitted by the parties, and the
law governing the issue presented for review, it is the opinion of this Court that the
judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of
Criminal Appeals Rules.
____________________________________________
JOE B. JONES, PRESIDING JUDGE
CONCUR:
______________________________________
WILLIAM M. BARKER, JUDGE
______________________________________
THOMAS T. WOODALL, JUDGE