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Posted by: Tanja Trezise on Feb 28, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Ardena J. Garth, District Public Defender; Richard Kenneth Mabee (on appeal) and Blake F. Murchison (at hearing), Assistant Public Defenders, Chattanooga, Tennessee, for the appellant, Marcell Jermaine Marbury.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Senior Counsel; William H. Cox, III, District Attorney General; and William H. Hall, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

In September 2006, the Defendant, Marcell Jermaine Marbury, pled guilty to voluntary manslaughter. He was sentenced as a Range I, standard offender to six years and was placed on probation. Subsequently, the Defendant was transferred to enhanced probation. In February 2011, a violation report was filed, the fourth against the Defendant, citing violations of an arrest for a new offense, failure to report, and possession of illegal drugs. Following a hearing, the trial court revoked the Defendant’s sentence of probation and ordered that he serve the remainder of his six-year sentence in the Department of Correction (“DOC”). On appeal, the Defendant challenges the trial court’s imposition of total incarceration. After a review of the record, we conclude that the trial court did not abuse its discretion and affirm the judgment of the trial court.