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Posted by: Tanja Trezise on Nov 19, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Leonard G. Belmares, II, Charlotte, Tennessee, for the appellant, Marvin McCall.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Dan M. Alsobrooks, District Attorney General; and Carey J. Thompson, Assistant District Attorney General for the appellee, State of Tennessee.


The Defendant, Marvin McCall, entered a plea of nolo contendere to theft in case no. CR5297. The trial court sentenced him to four years to be served in Community Corrections. In case no. CR5699, the Defendant pleaded nolo contendere to aggravated burglary and aggravated assault. The trial court sentenced him to four years in Community Corrections to be served consecutively to case no. CR5297. After two subsequent arrests and the issuance of a probation violation warrant, the trial court revoked probation and ordered incarceration for the remainder of the Defendant’s sentence. On appeal, the Defendant asserts that the trial court erred: (1) when it failed to dismiss the violation of probation warrant, and (2) when it revoked an expired probation sentence. After a thorough review of the record and relevant authorities, we reverse and dismiss the trial court’s judgment revoking the Defendant’s expired probation sentence in case no. CR5297, and we affirm the trial court’s judgment in case no. CR5699.