 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Vanderford12/14/2001
Assigned on Briefs June 12, 2001
The appellant, Charles David Vanderford, appeals the order of the Circuit Court of Hardin County revoking the community corrections sentences that he received following his convictions by a jury of two counts of possession of a controlled substance with intent to sell. The appellant challenges the trial court's reliance upon his commission of crimes during the pendency of his appeal from his convictions of felony drug possession and prior to the commencement of his community corrections sentences. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court is Affirmed.
Norma McGee Ogle, J., delivered the opinion of the court, in which Joe G. Riley, J., and Cornelia Clark, Sp . J., joined.
OPINION
I. Factual Background
On February 6, 1996, the appellant was convicted by a jury in the Hardin County Circuit Court of one count of possession of one-half gram or more of cocaine with intent to sell, a class B felony, and one count of possession of one-half ounce or more of marijuana with intent to sell, a class E felony. The trial court imposed concurrent sentences of nine years incarceration in the Tennessee Department of Correction and eighteen months incarceration in the Department respectively. The trial court further ordered the appellant to serve one year of his sentences in the Hardin County Jail and the remainder in the local community corrections program.
Subsequently, the appellant appealed his convictions of felony drug possession and was released on bond pending the resolution of the appellate proceedings. On December 11, 1997, this court denied the appellant relief from his convictions, and the appellant submitted an application for permission to appeal to our supreme court. The appellant remained on bond and, on July 17, 1998, committed the additional offenses of fraud and criminal impersonation in McNairy County, for which offenses he was arrested and charged. Our supreme court denied the appellant's application for permission to appeal his convictions of felony drug possession on October 12, 1998, and the clerk of this court issued the mandate on October 29, 1998, returning the case to the trial court.
Accordingly, on November 18, 1998, the appellant reported to the Hardin County Jail, where he served his one-year term of confinement for the felony drug possession convictions. Immediately thereafter, he was placed in the local community corrections program. As a condition of his participation in the community corrections program, the appellant signed a behavioral agreement that, in relevant part, required his compliance with the laws of the United States, any state in which he might reside, and any municipality.
On June 29, 2000, the appellant was convicted in the McNairy County Criminal Court of his July 17, 1998 offenses of fraud and criminal impersonation. On July 20, 2000, Paul Moore, the appellant's community corrections officer, filed a behavioral violation report on the basis of the appellant's convictions. Consequently, the trial court issued a community corrections violation warrant ordering the appellant's arrest and, on October 17, 2000, conducted a hearing to determine whether the appellant's community corrections sentences should be revoked.
At the revocation hearing, the State presented the testimony of Moore. Moore related to the trial court that he first learned of the appellant's offenses of fraud and criminal impersonation while the appellant was serving his one-year term of confinement in the Hardin County Jail.
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|