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State v. Hatcher11/10/1999
revocation cannot be disturbed unless the trial court abused its discretionary authority. State v. Williamson, 619 S.W.2d 145 (Tenn. Crim. App. 1981). Before there can be a finding of abuse of discretion, it must be established that the record contains no substantial evidence to support the Conclusion that the terms and conditions of probation have been violated. State v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991).
Here, three separate violations of the terms of probation occurred within a thirty-day period. While the violations may have resulted, as the defendant suggests, from his episodic abuse of alcohol, a judgment of revocation may not be overturned so long as a trial court has conscientiously exercised its responsibilities in considering the various sentencing alternatives. The record demonstrates a lengthy term of alcohol abuse on the part of the defendant. Despite several prior opportunities, he has not taken advantage of available rehabilitative programs. In our view, the trial court acted appropriately under these circumstances and did not abuse its discretionary authority.
Accordingly, the judgment is affirmed.
Gary R. Wade, Presiding Judge
CONCUR:
Jerry L. Smith, Judge
James Curwood Witt, Jr., Judge
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