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Posted by: Tanja Trezise on Oct 18, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Ryan C. Caldwell, Nashville, Tennessee, for the appellant, James Earl Evans.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Senior Counsel; Victor S. (Torry) Johnson III, District Attorney General; and Jeff Burks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

James Earl Evans (“the Defendant”) pleaded guilty to one count of sale of less than 0.5 grams of cocaine. Pursuant to the plea agreement, the Defendant was sentenced to ten years’ probation. Upon the filing of a probation revocation warrant, the Defendant was taken into custody, and a revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve his original sentence of ten years’ incarceration. The Defendant has appealed the trial court’s ruling, asserting that the trial court erred in sentencing him to his original sentence in confinement. Upon a thorough review of the record, we affirm the trial court’s judgment.