All Content

Posted by: Tanja Trezise on Apr 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Olin J. Baker, Charlotte, Tennessee, for the defendant-appellant, Benji L. Creech.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; Dan M. Alsobrooks, District Attorney General; and Sarah W. Wajnarowski, Assistant District Attorney General for the appellee, State of Tennessee.

Judge(s): SUMMERS

On January 19, 2011, appellant, Benji L. Creech, pled guilty to selling oxycodone, a schedule II drug, in violation of Tennessee Code Annotated section 39-17-417. Appellant received a sentence of three years in the Tennessee Department of Correction, which was suspended to probation. On February 8, 2012, his probation was revoked. In lieu of serving his three-year sentence in the Department of Correction, appellant entered the drug court program. On June 14, 2012, appellant was summarily dismissed from the drug court program upon the allegation that he falsified a sponsor contact sheet. After a hearing on July 25, 2012, appellant’s probation was revoked again. On appeal, he argues that the evidence does not support the trial court’s decision to revoke his probation and serve his sentence in confinement. We disagree and affirm the trial court’s judgment.