State v. Triplett

Full title: STATE OF TENNESSEE, Appellee, v. ROCHELLE ANDRE TRIPLETT, Appellant

Court: Court of Criminal Appeals of Tennessee. , at Jackson

Date published: Feb 2, 2000

No. W1999-01749-CCA-R3-CD (Tenn. Crim. App. Feb. 2, 2000)

Opinion

No. W1999-01749-CCA-R3-CD.

February 2, 2000.

Appeal from Madison County, Hon. ROY B. MORGAN, JR., Judge.

AFFIRMED — RULE 20 ORDER

For the Appellant

Clifford K. Mcgown, (On Appeal Only), George Morton Googe, District Public Defender, Stephen P. Spracher, Assistant Public Defender, (At Trial and Of Counsel On Appeal).

For the Appellee

Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, James G. (Jerry) Woodall, District Attorney General, Shaun A. Brown, Assistant District Attorney General.

JOE G. RILEY, JUDGE

ORDER

Appellant, Rochelle Andre Triplett, pled guilty to aggravated assault, simple assault, criminal impersonation, and possession of drug paraphernalia in March 1998. He received an effective three-year sentence and was placed on probation. In June 1998, his probation officer filed a probation violation warrant alleging failure to report and failure to pay fines and costs. The trial court conducted a full revocation hearing, found appellant in violation and revoked his probation. Appellant challenges that revocation. We AFFIRM.

At the May 1999 revocation hearing, the state asserted two additional grounds for revocation through the testimony of defendant's probation officer: violation of curfew and failure to inform of change of residence. Defendant also testified at the hearing. He stipulated to his failure to report and pay fines, but challenged the two additional grounds.

Based upon the stipulations and testimony, the trial court found that the appellant failed to report, failed to inform his probation officer of a change in residence and failed to pay his fines and costs. The trial court rejected the state's contention that defendant violated his curfew. The evidence does not preponderate against the trial court's ruling. The trial court did not abuse its discretion by revoking appellant's probation. Tenn. Code Ann. § 40-35-311(d).

The judgment of the trial court is affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. It appearing that the appellant is indigent, costs shall be taxed to the state.

So ordered. Enter:

_____________________________________ JOE G. RILEY, Judge

CONCUR:

_____________________________________ JOHN EVERETT WILLIAMS, Judge

_____________________________________ ALAN E. GLENN, Judge