IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON FILED
JUNE 1998 SESSION August 7, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
) NO. 02C01-9712-CC-00462
Appellee, )
) OBION COUNTY
VS. )
) HON. WILLIAM B. ACREE, JR.,
STEPHANIE ANN MAYS, ) JUDGE
)
Appellant. ) (Community Corrections
) Revocation)
FOR THE APPELLANT: FOR THE APPELLEE:
JOSEPH P. ATNIP JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
111 Main Street
P.O. Box 734 PETER M. COUGHLAN
Dresden, TN 38225 Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
THOMAS A. THOMAS
District Attorney General
414 South Fourth St.
P.O. Box 218
Union City, TN 38261-0218
OPINION FILED:
AFFIRMED
JOE G. RILEY,
JUDGE
OPINION
The defendant, Stephanie Ann Mays, appeals the trial court's revocation
of her Community Corrections sentence. The defendant contends the trial court
abused its discretion in finding her in violation of the terms of the Community
Corrections sentence. The judgment of the trial court is AFFIRMED.
I.
The defendant pled guilty in October 1996 to two (2) counts of the sale of
over 0.5 grams of cocaine. She was sentenced to Community Corrections for
concurrent terms of eight (8) years with 30 days to be served in the Obion
County jail.
After her release from jail, Lane Thorton with the Westate Corrections
Network was assigned as the defendant’s case officer. Thorton testified at the
revocation hearing that the defendant committed numerous violations of the
terms of her Community Corrections sentence, including: failure to be at her
approved residence on several occasions, failure to secure employment, failure
to make any payment on her court costs and fine, failure to properly perform
community service and the use of marijuana.
The defendant testified at the revocation hearing that she was forced to
move from her approved residence because of her status as a convicted felon.
She claimed medical problems and care of her children caused most of the
violations. The defendant admitted to the use of marijuana.
The trial court found the defendant violated the terms of her Community
Corrections and reimposed the original sentences, but only required that she
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serve one (1) year in the Obion County jail and the remainder on supervised
probation.
II.
Revocation of probation or a community corrections sentence 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). Discretion is abused only if the
record contains no substantial evidence to support the conclusion of the trial
court that a violation of probation or community correction sentence has
occurred. Id.; State v. Gregory, 946 S.W.2d 829, 832 (Tenn. Crim. App. 1997).
Proof of a violation need not be established beyond a reasonable doubt, and the
evidence need only show that the trial judge exercised a conscientious and
intelligent judgment rather than acting arbitrarily. Gregory, 946 S.W.2d at 832;
State v. Leach, 914 S.W.2d 104, 106 (Tenn. Crim. App. 1995).
The trial court found the defendant repeatedly violated the terms of her
Community Corrections sentence. The evidence certainly supports these
findings. Further, the defendant admitted to her case officer she smoked
marijuana in violation of the terms of her Community Corrections sentence. We
find the trial court did not abuse its discretion; therefore, we AFFIRM its
judgment.
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_________________________
JOE G. RILEY, JUDGE
CONCUR:
___________________________
PAUL G. SUMMERS, JUDGE
___________________________
DAVID H. WELLES, JUDGE
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