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Posted by: Tanja Trezise on Jan 28, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Andrew B. Love (on appeal) and William Conway (at hearing), Nashville, Tennessee, for the appellant, George P. Fusco.

Attorneys 2:

Robert E. Cooper, Attorney General and Reporter; Caitlin E.D. Smith, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sharon Reddick and Hugh Ammerman, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, George P. Fusco, pleaded guilty to two counts of sexual battery by an authority figure and received a five-year sentence for each count, to be served concurrently. He served six months in confinement, and the remainder of his sentence was suspended to probation. A violation of probation warrant was subsequently filed, alleging that appellant drove an unregistered vehicle, owed $420 in “GPS fees,” used or possessed an alcoholic beverage, and violated regulations regarding Halloween trick-or-treaters. The trial court revoked his probation, and this appeal follows. Appellant now alleges that the trial court denied him procedural due process by failing to make adequate factual findings regarding the evidence supporting his probation revocation, that the trial court abused its discretion when it revoked his probation, and that the relevant Halloween probation conditions are unduly restrictive. Following our review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.