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State v. Brooks4/28/2005
ary sentence); State v. Dennis R. Jacks, No. E2000-00643-CCA-R3-CD (Tenn. Crim. App. at Knoxville, May 7, 2001), perm. app. denied, (Tenn. 2001) (pretrial jail credit did not affect the expiration date of the probationary sentence).
The expiration date of a sentence of probation is expressly governed by the provisions of Tennessee Code Annotated section 40-35-310 (2003) which provide:
The trial judge shall possess the power, at any time within the maximum time which was directed and ordered by the court for such suspension, after proceeding as provided in § 40-35-311, to revoke and annul such suspension, and in such cases the original judgment so rendered by the trial judge shall be in full force and effect from the date of the revocation of such suspension, and shall be executed accordingly . . . .
(emphasis added); See also State v. Taylor, 992 S.W.2d 941, 944-45 (Tenn. 1999). In Taylor, the Appellant received a four-year sentence which was suspended after he had served a period of incarceration. On appeal, he argued that his sentence had expired prior to the institution of revocation proceedings. Deciding adversely to the Appellant, the court reasoned:
A four-year sentence will expire after service of 1460 days . . . . [Taylor had] 549 days of sentencing credits. . . . He did successfully complete a term of three years and 186 days probation. However, he had not completed an entire four-year term of probation prior to the revocation proceedings. . . . Therefore, [Taylor's] sentence had not expired because he had neither served the entire four years nor successfully completed a four-year term of probation.
Id.
It is manifest from a reading of Tennessee Code Annotated section 40-35-310 that the trial court in this case possessed the power at any time within six years from the date the sentence was imposed to revoke suspension of the sentence. The probationary period of six years is clearly within the fifteen-year statutory maximum time for the class C conviction offense of robbery. The trial court imposed a six-year suspended sentence and placed the Appellant on probation for six years on January 7, 1998; thus, the Appellant remained on probation until January 7, 2004. Because the probation violation warrant issued in June 2003, the trial court possessed the power to revoke.
CONCLUSION
Based upon the foregoing, the trial court was within its authority to revoke the Appellant's suspended sentence. The judgment is affirmed.
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