State v. Raymond Jones ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
FILED
JANUARY 1998 SESSION
February 12, 1998
Cecil Crowson, Jr.
STATE OF TENNESSEE, ) Appellate C ourt Clerk
) NO. 02C01-9705-CC-00162
Appellee, )
) MADISON COUNTY
VS. )
) HON. WHIT LAFON,
RAYMOND LEVI JONES, JR., ) JUDGE
)
Appellant. ) (Probation Revocation)
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE MORTON GOOGE JOHN KNOX WALKUP
(at trial and of counsel on appeal) Attorney General and Reporter
District Public Defender
ELIZABETH RYAN
STEPHEN P. SPRACHER Assistant Attorney General
(at trial and hearing) Cordell Hull Building, 2nd Floor
Assistant Public Defender 425 Fifth Avenue North
227 West Baltimore Nashville, TN 37243-0493
Jackson, TN 38301-6137
JERRY WOODALL
CLIFFORD K. MCGOWN, JR. District Attorney General
(on appeal only)
113 North Court Square JAMES W. THOMPSON
P.O. Box 26 Assistant District Attorney General
Waverly, TN 37185 225 Martin Luther King Dr.
P.O. Box 2825
Jackson, TN 38302-2825
OPINION FILED:
AFFIRMED
JOE G. RILEY,
JUDGE
OPINION
The defendant, Raymond Levi Jones, Jr., appeals the Madison County
Circuit Court’s order revoking his probation. The sole issue presented for review
is whether the trial court erred in revoking his probation. The judgment of the
trial court is affirmed.
I.
The defendant pled guilty in August 1996 to two (2) counts of sexual
battery. The defendant was sentenced to two (2) years supervised probation on
each count as a Range I offender. The sentences were ordered to run
consecutively.
The terms of the defendant’s probation were that he pay court costs at a
rate of $50 per month, attend counseling, avoid contact with the victims and their
families, and perform 200 hours of community service.
In November 1996, a probation violation report was filed alleging the
defendant failed to pay court costs as ordered. In January 1997, a second
probation report violation was filed alleging the failure to pay supervision fees,
failure to pay court costs, failure to perform community service, and having
contact with one of the victims.
The trial court held a probation revocation hearing on January 21, 1997.
Based upon the testimony adduced at the hearing, the court found the defendant
had violated his probation by having contact with one victim, failing to perform
community service, and failing to properly pay costs. The trial court then revoked
the defendant’s probation.
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II.
A trial court may revoke probation and order the imposition of the original
sentence upon a finding by a preponderance of the evidence that the person has
violated a condition of probation. Tenn. Code Ann. §§ 40-35-310, 311. The
decision to revoke probation rests within the sound discretion of the trial court.
State v. Mitchell, 810 S.W.2d 733, 735 (Tenn. Crim. App. 1991). Probation
revocations are subject to an abuse of discretion, rather than a de novo standard
of review. State v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991). An abuse of
discretion is shown if the record is devoid of substantial evidence to support the
conclusion that a probation violation has occurred. Id. The evidence at the
revocation hearing need only show that the trial court exercised a conscientious
and intelligent judgment in making its decision. State v. Leach, 914 S.W.2d 104,
106 (Tenn. Crim. App. 1995).
III.
The defendant’s contention that the trial court erred in revoking his
probation is without merit. The trial court found that the defendant violated three
(3) separate provisions of his probation order. The evidence at the hearing
clearly supported these findings. There does not appear to be an abuse of
discretion by the trial court’s action; therefore, the judgment of the trial court is
AFFIRMED.
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__________________________
JOE G. RILEY, JUDGE
CONCUR:
______________________________
JOE B. JONES, PRESIDING JUDGE
______________________________
PAUL G. SUMMERS, JUDGE
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