State v. Gary W. Tomlin

• Court: Court of Criminal Appeals of Tennessee
• Decided: September 4, 1997
• Docket: 01C01-9604-CR-00152
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED JUNE SESSION, 1997 September 4, 1997

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9604-CR-00152 ) Appellee, ) ) SUMNER COUNTY ) V. ) ) HON. JANE WHEATCRAFT, JUDGE GARY W. TOMLIN, ) ) Appellant. ) (REVOCATION OF PROBATION)

FOR THE APPELLANT: FOR THE APPELLEE:

THOMAS T. OVERTON JOHN KNOX WALKUP 213 Third Avenue, North Attorney General & Reporter Nashville, TN 37201 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243

LAWRENCE RAY WHITLEY District Attorney General

C. WAYNE HYATT Assistant District Attorney General 113 West Main Street Gallatin, TN 37066

OPINION FILED ________________________

AFFIRMED

THOMAS T. WOODALL, JUDGE ORDER

The Appellant, Gary W . Tomlin, Jr. , appeals the revocation of his

probation by the trial court in Sumner County. At the revocation hearing, the

State presented evidence of the Appellant’s failure to comply with the conditions

of his probation. The Appellant testified and gave explanations for his failure to

comply with the probation conditions. After hearing all the evidence, the trial

court made specific findings of fact set forth in court orders, that Appellant had

violated the conditions of his probation.

Appellant, relying upon Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756,

36 L.Ed.2d 656 (1973), argues on appeal that his due process rights were

violated because the trial court failed to set forth in writing the evidence relied

upon and the reasons for the probation revocation. The trial court’s orders of

record in this matter do not support Appellant’s arguments.

As the evidence does not preponderate against the findings of the trial

judge and there is no error of law requiring a reversal of the judgment which is

apparent on the record, the judgment of the trial court is affirmed in accordance

with Rule 20 of the Court of Criminal Appeals of Tennessee.

-2- ____________________________________ THOMAS T. W OODALL, Judge

CONCUR:

___________________________________ JOSEPH B. JONES, Presiding Judge

___________________________________ W ILLIAM M. BARKER, Judge

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