Description: Blountville, Tennessee criminal defense lawyer represented the Defendant.


On October 10, 2019, Defendant pled guilty to one count of possession of methamphetamine with intent to sell or deliver, one count of possession of Alprazolam with intent to sell or deliver, three counts of possession of drug paraphernalia, and one count of possession of chloromethcathinone in case no. S70075. On November 19, 2019, Defendant pled guilty to one count of possession of methamphetamine with intent to sell or deliver, one count of possession of Alprazolam with intent to sell or deliver, and two counts of possession of drug paraphernalia in case no. S70076. The trial court imposed an effective eighteen-year sentence suspended to supervised probation after service of one year in the Sullivan County Jail, to be served consecutively to a probation violation in an unrelated case. Defendant was also ordered to complete the Tennessee Recovery Oriented Compliance Strategy Program ("TN-ROCS").

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A trial court must engage in a "two-step consideration" when determining whether to revoke a defendant's probation. As explained by the Tennessee Supreme Court "[t]he first [step] is to determine whether to revoke probation, and the second is to determine the appropriate consequence upon revocation." Dagnan, 641 S.W.3d at 757. If a trial court finds by a preponderance of the evidence that a defendant violated his or her probation, then it is within the trial court's discretionary authority to revoke the defendant's probation. T.C.A. § 40-35-311(d)(1), (2); Dagnan, 641 S.W.3d at 756; State v. Beard, 189 S.W.3d 730, 734-35 (Tenn. Crim. App. 2005).

State v. Davidson, E2024-00391-CCA-R3-CD (Tenn. Crim. App. Oct 31, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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