State v. Marshall Lane Scruggs

• Court: Court of Criminal Appeals of Tennessee
• Decided: August 15, 1997
• Docket: 01C01-9608-CR-00375
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED JUNE 1997 SESSION August 15, 1997

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) APPELLEE, ) ) No. 01-C-01-9608-CR-00375 ) ) Sumner County v. ) ) Jane F. Wheatcraft, Judge ) ) (Revocation of Community Corrections ) Sentence) MARSHALL L. SCRUGGS, ) ) APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE:

Pamela E. Beck John Knox Walkup Assistant Public Defender Attorney General & Reporter 117 East Main Street, Suite 2C 500 Charlotte Avenue Gallatin, TN 37066 Nashville, TN 37243-0497 (Appeal Only) Daryl J. Brand Nancy B. Meyers Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway 117 East Main Street, Suite 2C Nashville, TN 37243-0493 Gallatin, TN 37066 (Trial Only) Lawrence Ray Whitley District Attorney General OF COUNSEL: 113 Main Street Gallatin, TN 37066-2803 David A. Doyle District Public Defender Dee D. Gay 117 East Main Street, Suite 2C Assistant District Attorney General Gallatin, TN 37066 113 Main Street Gallatin, TN 37066-2803

OPINION FILED:________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge OPINION

The appellant, Marshall L. Scruggs (defendant), appeals as of right from a judgment

of the trial court revoking his community corrections sentence and requiring him to serve

the sentence previously imposed by the court. In this Court, the defendant contends the

trial court abused its discretion by revoking his probation.

This is the second community corrections revocation in this case. The record

reflects the defendant violated the terms of his house arrest. He was subsequently

arrested for underage consumption of alcohol, driving while under the influence, and

driving while his license was suspended. He was convicted of DUI and the other two

charges were retired.

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 that the

judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of

Criminal Appeals Rules.

____________________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________ WILLIAM M. BARKER, JUDGE

______________________________________ THOMAS T. WOODALL, JUDGE