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Posted by: Tanja Trezise on Jan 3, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, Dwayne B. Harris.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; James G. Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Dwayne B. Harris, appeals from the trial court’s order revoking Defendant’s sentences of probation following a hearing in which violation of conditions of probation were admitted to by Defendant through his attorney. While acknowledging on appeal that violations of probation conditions had been admitted, Defendant asserts the trial court still erred by revoking probation and ordering him to serve his sentences in incarceration. The State argues the appeal should be dismissed because the notice of appeal was filed seven days late. Defendant admits the notice of appeal was late but requests this court to waive the timely filing of the notice of appeal. Under the circumstances, we decline to do so. Accordingly, the appeal is dismissed.