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Posted by: Tanja Trezise on Aug 20, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Johnny Marvin Highsmith, II.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Mike Flynn, District Attorney General; and Betsy Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

On January 31, 2011, Appellant, Johnny Marvin Highsmith, II, entered guilty pleas to one count each of theft of property over $1,000, identity theft, and theft of property over $500 with an effective sentence of eight years. He was placed on community corrections with all but 165 days of his sentence suspended. The trial court issued a violation of community corrections warrant on May 2, 2011, and amended that warrant on June 3, 2011. The trial court held a hearing and revoked Appellant’s community corrections sentence and ordered that he serve his original sentence in incarceration. On appeal, Appellant argues that the trial court abused its discretion in ordering him to serve his sentence in incarceration. After a thorough review of the record, we determine that the trial court did not abuse it discretion. Therefore, we affirm the decision of the trial court.