State v. Stephanie Mays

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 1, 2010
• Docket: 02C01-9712-CC-00462
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON FILED JUNE 1998 SESSION August 7, 1998

Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) ) NO. 02C01-9712-CC-00462 Appellee, ) ) OBION COUNTY VS. ) ) HON. WILLIAM B. ACREE, JR., STEPHANIE ANN MAYS, ) JUDGE ) Appellant. ) (Community Corrections ) Revocation)

FOR THE APPELLANT: FOR THE APPELLEE:

JOSEPH P. ATNIP JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 111 Main Street P.O. Box 734 PETER M. COUGHLAN Dresden, TN 38225 Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493

THOMAS A. THOMAS District Attorney General 414 South Fourth St. P.O. Box 218 Union City, TN 38261-0218

OPINION FILED:

AFFIRMED

JOE G. RILEY, JUDGE OPINION

The defendant, Stephanie Ann Mays, appeals the trial court's revocation

of her Community Corrections sentence. The defendant contends the trial court

abused its discretion in finding her in violation of the terms of the Community

Corrections sentence. The judgment of the trial court is AFFIRMED.

I.

The defendant pled guilty in October 1996 to two (2) counts of the sale of

over 0.5 grams of cocaine. She was sentenced to Community Corrections for

concurrent terms of eight (8) years with 30 days to be served in the Obion

County jail.

After her release from jail, Lane Thorton with the Westate Corrections

Network was assigned as the defendant’s case officer. Thorton testified at the

revocation hearing that the defendant committed numerous violations of the

terms of her Community Corrections sentence, including: failure to be at her

approved residence on several occasions, failure to secure employment, failure

to make any payment on her court costs and fine, failure to properly perform

community service and the use of marijuana.

The defendant testified at the revocation hearing that she was forced to

move from her approved residence because of her status as a convicted felon.

She claimed medical problems and care of her children caused most of the

violations. The defendant admitted to the use of marijuana.

The trial court found the defendant violated the terms of her Community

Corrections and reimposed the original sentences, but only required that she

2 serve one (1) year in the Obion County jail and the remainder on supervised

probation.

II.

Revocation of probation or a community corrections sentence is subject to

an abuse of discretion standard of review, rather than a de novo standard. State

v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991). Discretion is abused only if the

record contains no substantial evidence to support the conclusion of the trial

court that a violation of probation or community correction sentence has

occurred. Id.; State v. Gregory, 946 S.W.2d 829, 832 (Tenn. Crim. App. 1997).

Proof of a violation need not be established beyond a reasonable doubt, and the

evidence need only show that the trial judge exercised a conscientious and

intelligent judgment rather than acting arbitrarily. Gregory, 946 S.W.2d at 832;

State v. Leach, 914 S.W.2d 104, 106 (Tenn. Crim. App. 1995).

The trial court found the defendant repeatedly violated the terms of her

Community Corrections sentence. The evidence certainly supports these

findings. Further, the defendant admitted to her case officer she smoked

marijuana in violation of the terms of her Community Corrections sentence. We

find the trial court did not abuse its discretion; therefore, we AFFIRM its

judgment.

3 _________________________ JOE G. RILEY, JUDGE

CONCUR:

___________________________ PAUL G. SUMMERS, JUDGE

___________________________ DAVID H. WELLES, JUDGE