STATE OF TENNESSEE v. RICKY NEAL FORSTER, II - Articles

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Posted by: Brittany Sims on May 6, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk (on appeal), Knoxville, Tennessee; Raymond Mack Garner, District Public Defender; and Matthew Elrod, Assistant District Public Defender (at revocation hearing), Maryville, Tennessee, for the appellant, Ricky Neal Forster, II.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Randall E. Nichols, District Attorney General; and Sarah Keith and Deborah Malone, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Appellant, Ricky Neal Forster, II, pleaded guilty to two counts of theft and received an effective six-year sentence, suspended to probation. A probation violation warrant and an amendment thereto were issued, alleging violations of the terms and conditions of probation by: (1) testing positive for marijuana; (2) using controlled substances; (3) failing to complete a drug rehabilitation program as instructed; (4) failing to make payments toward court costs and restitution; and (5) garnering new criminal convictions. Following a hearing, the trial court revoked appellant’s probation, which appellant now claims was an abuse of discretion. Following our review, we affirm the judgment of the trial court.

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