State v. Moore

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 1, 2010
• Docket: 03C01-9706-CR-00212
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED MARCH 1998 SESSION April 2, 1998

Cecil Crowson, Jr. ) Appellate C ourt Clerk STATE OF TENNESSEE, ) ) C.C.A. No. 03C01-9706-CR-00212 Appellee, ) ) Knox County V. ) ) Honorable Ray L. Jenkins, Judge ) ANTHONY EUGENE MOORE, ) (Sentencing) ) Appellant. )

FOR THE APPELLANT: FOR THE APPELLEE:

Leslie M. Jeffress John Knox Walkup Attorney at Law Attorney General & Reporter 1776 Riverview Tower 900 S. Gay Street Elizabeth B. Marney Knoxville, TN 37902 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493

Randall E. Nichols District Attorney General

Leon Franks Assistant District Attorney General City-County Building Knoxville, TN 37902

OPINION FILED: ___________________

AFFIRMED

PAUL G. SUMMERS, Judge

OPINION In December 1994, Anthony Eugene Moore pled guilty to the sale of less

than one-half gram of cocaine and to possession of more than one-half gram of

cocaine with the intent to sell. He was sentenced to eight years for intent to sell

and to three years for the sale of less than one-half gram, with the sentences to

run consecutively. After serving nine months in jail, the appellant was released

on the Community Alternatives to Prison Program (CAPP). Once released, the

appellant violated the conditions of his probation, and on January 5, 1996, he

was arrested. His probation violations were as follows: rule (3), failure to make a

full and truthful report to his case manager; rule (8), failure to pay court costs;

rule (9), failure to perform community service; rule (10), failure to pay community

corrections fees; and rule (14), failure to report.

The record indicates that the appellant was released on the CAPP

program twice again. However, he continued to violate provisions of his

probation. On January 30, 1997, the trial court revoked the appellant’s probation

and reinstated his original sentence of eleven years. He now appeals that

judgment.

The appellant contends that he failed to report to CAPP in November

1996 because he was supposedly attacked by some men from a gang who had

shot him in 1994. He claims that he did not report the incident because he

feared retaliation. He claimed that he went to live with his girlfriend and did not

report his change of address to CAPP.

Pauline Walker, a CAPP supervisor, testified at the appellant’s revocation

hearing that the rules about reporting and complying with the conditions of his

release had been explained to the appellant. The appellant had performed only

three of the 1056 hours of community service that he was to perform and had

apparently paid nothing toward the court costs that he owed.

-2- The record of the trial court supports the court’s ruling. The appellant

failed to take advantage of the numerous opportunities that he had already been

given. The trial court did not abuse its discretion by revoking the appellant’s

probation and reinstating his original sentence. See State v. Harkins, 811

S.W.2d 79, 82 (Tenn. 1991). Also, “[u]pon revocation, the original sentence

imposed can be placed into effect.” Tenn. Code Ann. § 40-35-310 (1990)

Sentencing Commission Comments. Finding no error in the trial court’s ruling,

we affirm the judgment.

-3- _____________________________ PAUL G. SUMMERS, Judge

CONCUR:

______________________________ JOHN H. PEAY, Judge

______________________________ CORNELIA A. CLARK, Special Judge

-4-