All Content

Posted by: Brittany Sims on Dec 8, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Steve E. Smith, District Public Defender; David Barrow (at plea) and Steven D. Brown (at probation revocation and on appeal), Assistant District Public Defenders, Chattanooga, Tennessee, for the appellant, Lee Michael Gianaro.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Meredith Devault, Senior Counsel; William H. Cox, District Attorney General; and Matthew Rogers, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Lee Michael Gianaro, was indicted by the Hamilton County Grand Jury for one count of aggravated burglary, one count of theft of property valued over $1,000, and one count of vandalism. Defendant pled guilty to aggravated burglary in exchange for a sentence of three years, to be served on probation, and payment of $1,500 restitution to the victim. The remaining charges were dismissed. Defendant violated the terms of his probation. The trial court partially revoked probation, ordering Defendant to Community Corrections until restitution was paid in full before returning Defendant to supervised probation. A second probation violation report was filed alleging Defendant violated the terms of his probation. After a hearing, the trial court revoked Defendant’s probation and ordered him to serve his sentence in incarceration. Defendant appeals, arguing that the trial court abused its discretion in revoking probation. After a review of the record, we conclude that substantial evidence supported the revocation of probation. The judgment of the trial court is affirmed.