State v. John F. Wolard ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
APRIL SESSION, 1997
April 16, 1997
Cecil W. Crowson
Appellate Court Clerk
STATE OF TENNESSEE, )
) C.C.A. NO. 01C01-9612-CC-00532
Appellee, )
) MONTGOMERY COUNTY
VS. ) (No. 35284 Below)
)
JOHN F. WOLARD, ) The Hon. John H. Gasaway
)
Appellant. ) (Probation Revocation)
FOR THE APPELLANT: FOR THE APPELLEE:
N. REESE BAGWELL JOHN KNOX WALKUP
116 South Second Street Attorney General & Reporter
P.O. Box 427
Clarksville, TN 37041 KATHY MORANTE
Deputy Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
STEVE GARRETT
Assistant District Attorney General
204 Franklin Street
Suite 200
Clarksville, TN 37040
OPINION FILED ______________________
AFFIRMED PURSUANT TO RULE 20
PER CURIAM
OPINION
The appellant appeals as of right pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure from the trial court’s revocation of his probation. Although a
hearing was held on the matter, the transcript of the proceedings is not included in the
record on appeal. In revoking the appellant’s probation, the trial court found that the state
had proven by a preponderance of the evidence that the appellant failed to report weekly,
failed to make progress in the MRT program, failed to pay fines and court costs, and failed
to pay probation fees. Without a record of the evidence introduced at the hearing, we
cannot conclude that the trial judge erred in revoking the appellant's probation. See State
v. Ballard, 855 S.W.2d 557, 560-61 (Tenn.1993). Accordingly, after a review of the record,
it is the opinion of this Court the judgment of the trial court should be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules.
PER CURIAM
(Judges Wade, Welles, and Witt)
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