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Posted by: Tanja Trezise on Aug 27, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark Stephens. District Public Defender; and Jamie Niland, Assistant Public Defender, for the appellant, Marcus Terrell Johnson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

Charged by the Knox County Criminal Court grand jury with the sale and delivery of cocaine, a Schedule II controlled substance, the defendant, Marcus Terrell Johnson, pleaded guilty to the sale of cocaine and agreed to a 10-year suspended sentence. The trial court entered the judgment on April 7, 2011, but on May 6, 2011, the State obtained a probation revocation warrant that alleged that the defendant had not reported for probation, that his whereabouts were unknown, and, by a later-filed amendment, that he was arrested for theft and did not report the arrest. Following a hearing, the trial court revoked the defendant’s probation and ordered him to serve his sentence in confinement. In his timely appeal, the defendant claims that the trial court erred by revoking the probation and ordering him into confinement. Because the record supports the trial court’s order, we affirm.