State v. Moore

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
MARCH 1998 SESSION April 2, 1998
Cecil Crowson, Jr.
) Appellate C ourt Clerk
STATE OF TENNESSEE, )
) C.C.A. No. 03C01-9706-CR-00212
Appellee, )
) Knox County
V. )
) Honorable Ray L. Jenkins, Judge
)
ANTHONY EUGENE MOORE, ) (Sentencing)
)
Appellant. )
FOR THE APPELLANT: FOR THE APPELLEE:
Leslie M. Jeffress John Knox Walkup
Attorney at Law Attorney General & Reporter
1776 Riverview Tower
900 S. Gay Street Elizabeth B. Marney
Knoxville, TN 37902 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Leon Franks
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
In December 1994, Anthony Eugene Moore pled guilty to the sale of less
than one-half gram of cocaine and to possession of more than one-half gram of
cocaine with the intent to sell. He was sentenced to eight years for intent to sell
and to three years for the sale of less than one-half gram, with the sentences to
run consecutively. After serving nine months in jail, the appellant was released
on the Community Alternatives to Prison Program (CAPP). Once released, the
appellant violated the conditions of his probation, and on January 5, 1996, he
was arrested. His probation violations were as follows: rule (3), failure to make a
full and truthful report to his case manager; rule (8), failure to pay court costs;
rule (9), failure to perform community service; rule (10), failure to pay community
corrections fees; and rule (14), failure to report.
The record indicates that the appellant was released on the CAPP
program twice again. However, he continued to violate provisions of his
probation. On January 30, 1997, the trial court revoked the appellant’s probation
and reinstated his original sentence of eleven years. He now appeals that
judgment.
The appellant contends that he failed to report to CAPP in November
1996 because he was supposedly attacked by some men from a gang who had
shot him in 1994. He claims that he did not report the incident because he
feared retaliation. He claimed that he went to live with his girlfriend and did not
report his change of address to CAPP.
Pauline Walker, a CAPP supervisor, testified at the appellant’s revocation
hearing that the rules about reporting and complying with the conditions of his
release had been explained to the appellant. The appellant had performed only
three of the 1056 hours of community service that he was to perform and had
apparently paid nothing toward the court costs that he owed.
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The record of the trial court supports the court’s ruling. The appellant
failed to take advantage of the numerous opportunities that he had already been
given. The trial court did not abuse its discretion by revoking the appellant’s
probation and reinstating his original sentence. See State v. Harkins, 811
S.W.2d 79, 82 (Tenn. 1991). Also, “[u]pon revocation, the original sentence
imposed can be placed into effect.” Tenn. Code Ann. § 40-35-310 (1990)
Sentencing Commission Comments. Finding no error in the trial court’s ruling,
we affirm the judgment.
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_____________________________
PAUL G. SUMMERS, Judge
CONCUR:
______________________________
JOHN H. PEAY, Judge
______________________________
CORNELIA A. CLARK, Special Judge
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