State v. James Gray ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JANUARY SESSION, 1997 STATE OF TE NNE SSE E, ) C.C.A. NO. 02C01-9601-CC-00035 ) Appellee, ) ) MADISON COUNTY V. ) ) HON. WHIT LAFON, JUDGE JAMES EARL GRAY, ) ) (AIDING AND ABETTING Appe llant. ) SECOND DEGREE BURGLARY) ON APPEAL FROM THE JUDGMENT OF THE FILED CRIMINAL COURT OF MADISON COUNTY April 10, 1997 FOR THE APPELLANT: FOR THE APPELLEE: Cecil Crowson, Jr. Appellate C ourt Clerk GEORGE MORTON GOOGE CHARLES W. BURSON District Public Defe nder Attorney General & Reporter STEPHEN P. SPRACHER SUSAN ROSEN Assistant Public Defender Assistant Attorney General 227 W est Baltimore 450 Jam es Robe rtson Parkw ay Jackson, TN 38301 Nashville, TN 37243-0493 JERRY WOODALL District Attorney General JAMES W. THOMPSON Assistant District Attorney General Lowell Thomas State Office Building Jackson, TN 38301 OPINION FILED ________________________ AFFIRMED, PURSUANT TO RULE 20, C.C.A. THOMAS T. WOODALL, JUDGE 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. The Appellant argues that the trial court abused its discretion by not considering the positive aspects of Appellant’s probation and the likelihood of Appellant’s rehabilitation. The probation officer testified to numerous probation violations. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, 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. ____________________________________ THOMAS T. W OODALL, Judge CONCUR: ___________________________________ JOE B. JONES, Presiding Judge ___________________________________ PAUL G. SUMMERS , Judge -2-