State v. Gary W. Tomlin

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
JUNE SESSION, 1997 September 4, 1997
Cecil W. Crowson
Appellate Court Clerk
STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9604-CR-00152
)
Appellee, )
) SUMNER COUNTY
)
V. )
) HON. JANE WHEATCRAFT, JUDGE
GARY W. TOMLIN, )
)
Appellant. ) (REVOCATION OF PROBATION)
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS T. OVERTON JOHN KNOX WALKUP
213 Third Avenue, North Attorney General & Reporter
Nashville, TN 37201
DARYL J. BRAND
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243
LAWRENCE RAY WHITLEY
District Attorney General
C. WAYNE HYATT
Assistant District Attorney General
113 West Main Street
Gallatin, TN 37066
OPINION FILED ________________________
AFFIRMED
THOMAS T. WOODALL, JUDGE
ORDER
The Appellant, Gary W . Tomlin, Jr. , appeals the revocation of his
probation by the trial court in Sumner County. At the revocation hearing, the
State presented evidence of the Appellant’s failure to comply with the conditions
of his probation. The Appellant testified and gave explanations for his failure to
comply with the probation conditions. After hearing all the evidence, the trial
court made specific findings of fact set forth in court orders, that Appellant had
violated the conditions of his probation.
Appellant, relying upon Gagnon v. Scarpelli, 411 U.S. 778, 93 S. Ct. 1756,
36 L. Ed. 2d 656 (1973), argues on appeal that his due process rights were
violated because the trial court failed to set forth in writing the evidence relied
upon and the reasons for the probation revocation. The trial court’s orders of
record in this matter do not support Appellant’s arguments.
As the evidence does not preponderate against the findings of the trial
judge and there is no error of law requiring a reversal of the judgment which is
apparent on the record, the judgment of the trial court is affirmed in accordance
with Rule 20 of the Court of Criminal Appeals of Tennessee.
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____________________________________
THOMAS T. W OODALL, Judge
CONCUR:
___________________________________
JOSEPH B. JONES, Presiding Judge
___________________________________
W ILLIAM M. BARKER, Judge
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