State of Tennessee v. Christopher Walls

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE FILED

AT KNOXVILLE

March 6, 2000

JANUARY 2000 SESSION Cecil Crowson, Jr.

Appellate Court Clerk

)

STATE OF TENNESSEE, ) C.C.A. No. E1999-00617-CCA-R3-CD Appellee, )

) Morgan County

vs. )

) Hon. E. Eugene Eblen, Judge )

CHRISTOPHER WALLS, ) (Escape and Theft over $1000)

Appellant. )

)

FOR THE APPELLANT: FOR THE APPELLEE:

JOE H. WALKER PAUL G. SUMMERS District Public Defender Attorney General & Reporter

ROLAND COWDEN (at trial) ELIZABETH B. MARNEY WALTER B. JOHNSON, II (on appeal) Asst. Attorney General Asst. District Public Defenders 425 Fifth Ave. North P.O. Box 334 Nashville, TN 37243-0493 Harriman, TN 37748-0334 J. SCOTT McCLUEN District Attorney General

FRANK HARVEY Asst. District Attorney General P.O. Box 703 Kingston, TN 37763-0703

OPINION FILED:________________

AFFIRMED

JAMES CURWOOD WITT, JR., JUDGE

OPINION

The defendant, Christopher Walls, appeals from the denial of his

motion for reduction of sentence by the Criminal Court of Morgan County. The defendant pleaded guilty to escape, a Class E felony, Tenn. Code Ann. § 39-16-601

(1997), and theft of property valued over $1000, a Class D felony, Tenn. Code Ann.

§ 39-14-103 (1997). In accordance with his plea agreement, the trial court sentenced the defendant to serve his bargained-for sentence of three years in the

Department of Correction. In his appeal, he complains that the trial court erred in

failing to grant his motion to reduce his sentence. Following a review of the record and the briefs of the parties, we affirm the trial court's judgment.

The offenses in the case at bar occurred while the defendant was serving an eight-year sentence in the Tennessee Department of Correction for

offenses committed in Knox County. While on a work detail, the defendant

escaped, stole a truck, and eluded capture by a Tennessee Highway Patrol officer.

After finally being recaptured, he pleaded guilty to the offenses of escape and theft

in exchange for an effective three year sentence as a Range I standard offender. Less than one month after sentencing, the defendant filed a pro se motion for

reduction of sentence in accordance with Tennessee Rule of Criminal Procedure

35(b). In his motion, the defendant asked to serve his sentence on probation instead of in continuous confinement.

The defendant complains that the trial court abused its discretion in denying his motion for reduction of sentence. A sentence may be modified under

Rule 35 of the Tennessee Rules of Criminal Procedure when the trial court finds

that the original sentence must be reduced "in the interests of justice." State v.

Hodges, 815 S.W.2d 151,154 (Tenn. 1991); State v. Irick, 861 S.W.2d 375, 276 (Tenn. Crim. App. 1993); Tenn. R. Crim. P. 35(b) (Advisory Comm’n Comments).

On appeal, the trial court's disposition of a motion to modify will not be disturbed

absent an abuse of discretion. Irick, 861 S.W.2d at 376.

In the case at bar, the defendant pleaded guilty in exchange for the state’s agreement to recommend a three-year sentence at sentencing. See Tenn.

R. Crim. P. 11(e)(1)(B). At the motion hearing, the defendant testified that after

returning to prison after his escape, he has tried to better himself. He has obtained

a GED and learned a trade. He testified that he participates in Alcoholics Anonymous and Narcotics Anonymous. While we approve of this conduct, we find

no abuse of discretion on the part of the trial court in denying the petition.

Accordingly, we affirm the trial court’s judgment.

________________________________

JAMES CURWOOD WITT, JR., JUDGE

CONCUR:

_______________________________

GARY R. WADE, PRESIDING JUDGE

_______________________________

NORMA McGEE OGLE, JUDGE