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State v. Standridge9/30/2003
ectly noting that " t is well established under Tennessee law that a trial court may not order a defendant to served a sentence less than one year `day-for-day.'" As we earlier noted, upon revoking the appellant's probation, the trial court stated, "I would order that you be taken into custody to serve your sentence. Now, I'll look to that again periodically. . . . That's the plan right now. If things go well, you might get out early." However, the revocation order reflects that the appellant must serve the "balance of his sentence of 274 Consecutive Days, day for day."
Upon finding by a preponderance of the evidence that the appellant has violated the terms of his probation, a trial court is authorized to order an appellant to serve the balance of his original sentence in confinement. See Tenn. Code Ann. §§ 40-35-310 and -311(d) (1997); State v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991). In the instant case, the appellant was originally sentenced to serve eleven months and twenty-nine days incarceration for the theft conviction and five months and twenty-nine days incarceration for the resisting arrest conviction, with the sentences to be served concurrently. The judgments of conviction provide that the appellant is eligible for work release, furlough, trusty status and rehabilitative programs after serving seventy-five percent (75%) of his sentence in confinement. As guidance to the trial court, we note that should the trial court revoke the appellant's probation, the court would be authorized to impose the original sentence, not a sentence requiring the appellant to serve his sentence "day for day."
III. Conclusion
Accordingly, we affirm the appellant's convictions for theft and evading arrest, but reverse the trial court's revocation of the appellant's probation due to the trial court's lack of jurisdiction at the time of the revocation.
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