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Posted by: Tanja Trezise on Jul 18, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Drew Justice, Franklin, Tennessee, (on appeal), and David Wicker, Nashville, Tennessee, (at trial), for the appellant, Keith Howard.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Shannon Poindexter, Assistant District Attorney General; Jeff Burks, Assistant District Attorney General; and Megan King, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Keith Howard, appeals the trial court’s revocation of his probation sentence. Defendant pled guilty to selling more than .5 grams of cocaine with an agreed ten-year sentence, which was suspended except for ninety days, with credit for time served. The remainder of the ninety days was to be served on weekends. Subsequently, a probation violation warrant was filed, which alleged that Defendant had failed to follow his probation officer’s instruction that he submit to a drug test and that he absconded during his drug screen. Following the hearing the trial court revoked Defendant’s probation and entered a judgment placing Defendant’s original sentence into effect. We conclude that the evidence does not preponderate against the trial court’s finding of a violation, and that the trial court did not err by placing the original sentence into effect by ordering service in confinement. We therefore affirm the judgment of the trial court.