State v. Holder

Full title: STATE OF TENNESSEE, Appellee, vs. BRUCE HOLDER, Appellant

Court: Court of Criminal Appeals of Tennessee. at Nashville

Date published: Oct 22, 1999

No. 01C01-9902-CR-00054 (Tenn. Crim. App. Oct. 22, 1999)

Opinion

No. 01C01-9902-CR-00054.

Date: October 22, 1999.

Appeal from Sumner County No. 968-1998, Hon. Jane Wheatcraft, Judge.

AFFIRMED — RULE 20 ORDER

FOR THE APPELLANT :

DAVID ALLEN DOYLE, District Public Defender, REGAN R. COTHRON, Assistant District Public Defender

FOR THE APPELLEE :

PAUL G. SUMMERS, Attorney General and Reporter, LUCIAN D. GEISE, Assistant Attorney General, LAWRENCE RAY WHITLEY, District Attorney General, DEE GAY, Assistant District Attorney General

JOE G. RILEY, JUDGE

ORDER

Defendant, Bruce Holder, appeals the revocation of his probation by the Sumner County Criminal Court. We AFFIRM the judgment of the trial court.

On August 22, 1996, defendant pled guilty, pursuant to a plea agreement, to selling cocaine over 0.5 grams and received a sentence of eight years suspended after serving four months in jail. Subsequently, he violated the conditions of his alternative sentence three times. On the latter occasion in March 1998, defendant was ordered to serve six months in jail followed by participation in the community corrections program.

In December 1998, the subject violation warrant was issued. At the revocation hearing the evidence indicated that the defendant missed office visits on three occasions; tested positive for cocaine on December 9, 1998, which he admitted; tested positive for cocaine and marijuana on December 16, 1998, which he admitted; failed to pay his fine and court costs; and did not complete his community service requirements.

Based upon this evidence, the trial court revoked alternative sentencing and ordered the defendant to serve his original sentence of eight years. The record overwhelmingly supports the conclusion of the trial court that violations occurred. Furthermore, it is apparent that the trial court did not abuse its discretion in revoking alternative sentencing and ordering the defendant to serve his original sentence.

IT IS, THEREFORE, ORDERED that the judgment of the trial court be AFFIRMED pursuant to Rule 20, Tennessee Court of Criminal Appeals. It further appearing that the appellant is indigent, costs shall be taxed to the state.

So ordered. Enter:

____________________________ JOE G. RILEY, JUDGE CONCUR:

________________________________ THOMAS T. WOODALL, JUDGE

________________________________ JAMES CURWOOD WITT, JR., JUDGE