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Posted by: Tanja Trezise on Mar 5, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

H. Tod Taylor, Assistant Public Defender, for the appellant, Thomas Ray Ward.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; C. Phillip Bivins, District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Thomas Ray Ward, appeals the Dyer County Circuit Court’s revocation of his probationary sentence. Pursuant to a negotiated plea agreement, the defendant pled guilty to three counts of burglary of a motor vehicle, Class E felonies, and was given consecutive two-year sentences for each offense. However, the defendant was placed on probation for a period of eight years. A violation warrant was subsequently issued, and, at the hearing, the defendant acknowledged that he had committed the technical violations of his agreement. The trial court found the defendant to be in violation of the terms and conditions of his probation and ordered that the balance of the reinstated six-year sentence be served in incarceration. On appeal, the defendant contends that the decision to revoke was error because it was based upon the fact that the defendant had prior violations of his probation rather than on the technical violations which were established at the hearing. Following review of the record, we affirm the revocation of probation.