State v. James Gray

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON

JANUARY SESSION, 1997

STATE OF TE NNE SSE E, ) C.C.A. NO. 02C01-9601-CC-00035 )

Appellee, )

) MADISON COUNTY

V. )

) HON. WHIT LAFON, JUDGE JAMES EARL GRAY, )

) (AIDING AND ABETTING

Appe llant. ) SECOND DEGREE BURGLARY)

ON APPEAL FROM THE JUDGMENT OF THE FILED CRIMINAL COURT OF MADISON COUNTY April 10, 1997

FOR THE APPELLANT: FOR THE APPELLEE: Cecil Crowson, Jr.

Appellate C ourt Clerk

GEORGE MORTON GOOGE CHARLES W. BURSON District Public Defe nder Attorney General & Reporter

STEPHEN P. SPRACHER SUSAN ROSEN Assistant Public Defender Assistant Attorney General 227 W est Baltimore 450 Jam es Robe rtson Parkw ay Jackson, TN 38301 Nashville, TN 37243-0493

JERRY WOODALL

District Attorney General

JAMES W. THOMPSON

Assistant District Attorney General Lowell Thomas State Office Building Jackson, TN 38301

OPINION FILED ________________________ AFFIRMED, PURSUANT TO RULE 20, C.C.A. THOMAS T. WOODALL, JUDGE

OPINION

The Appellant appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate procedure from the trial court’s revocation of his probation. The Appellant argues that the trial court abused its discretion by not considering the positive aspects of Appellant’s probation and the likelihood of Appellant’s rehabilitation. The probation officer testified to numerous probation violations. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this court the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.

____________________________________

THOMAS T. W OODALL, Judge

CONCUR:

___________________________________

JOE B. JONES, Presiding Judge

___________________________________

PAUL G. SUMMERS , Judge