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Posted by: Tanja Trezise on Feb 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael Thomas, Chattanooga, Tennessee, for the appellant, Alvin Donell Davis.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; William H. Cox, III, District Attorney General; Jason Demastus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Alvin Donell Davis, appeals the revocation of his probation by the Hamilton County Criminal Court. On appeal, the Defendant argues that the trial court was without authority to revoke his probation because his sentences had expired. After a review of the record, we conclude that the trial court did not abuse its discretion in revoking the Defendant’s probation on Count 2 of his convictions and affirm the trial court’s order of probation revocation and incarceration on that count. However, because the sentences in Counts 1 and 3 expired prior to the filing of the revocation warrant, the trial court lacked the authority to revoke the Defendant’s sentence on those counts; therefore, the orders of revocation and incarceration on Counts 1 and 3 are reversed and vacated.