State v. Jeffrey Schmidt

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 17, 1997
• Docket: 01C01-9701-CC-00027
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED NOVEMBER 1997 SESSION December 17, 1997

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) C.C.A. NO. 01C01-9701-CC-00027 Appellee, ) ) MONTGOMERY COUNTY VS. ) ) HON. JOHN H. GASAWAY, III, JEFFERY SCOTT SCHMIDT, ) JUDGE ) Appellant. ) (Revocation of Community Corrections)

FOR THE APPELLANT: FOR THE APPELLEE:

MICHAEL JONES JOHN KNOX WALKUP Public Defender Attorney General & Reporter

COLLIER W. GOODLETT DARYL J. BRAND Asst. Public Defender Asst. Attorney General 109 South 2nd St. 450 James Robertson Pkwy. Clarksville, TN 37040 Nashville, TN 37243-0493

JOHN W. CARNEY District Attorney General

STEVE GARRETT Asst. District Attorney General 204 Franklin St. Clarksville, TN 37041

OPINION FILED:____________________

AFFIRMED - RULE 20 ORDER

JOHN H. PEAY, Judge OPINION

The defendant was convicted, on a guilty plea, in March 1993 on a charge

of theft. A four year sentence was imposed with all but ninety days being suspended.

The defendant’s probation was revoked on two previous occasions for violations. He was

placed back on probation at the first revocation and placed in Community Corrections

after the second revocation.

On July 6, 1995, a warrant was issued for the defendant to revoke his

Community Corrections sentence relying on arrests and convictions in the General

Sessions Court and on his failure to abide by his curfew requirements. The trial court,

finding that the factual allegations were true and that alternative sentencing had not been

successful, revoked the defendant’s Community Corrections sentence and ordered him

to serve the balance of his sentence with the Department of Correction.

We have reviewed the record in this case and conclude that this is an

appropriate case for affirmance under Rule 20 of the Court of Criminal Appeals.

It appearing that the appellant is indigent, costs of the appeal will be paid

by the State, for which let execution issue. This matter is remanded to the trial court for

collection of costs accrued below.

_______________________________ JOHN H. PEAY, Judge

CONCUR:

______________________________ JOSEPH M. TIPTON, Judge

______________________________ DAVID H. WELLES, Judge