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Posted by: Tanja Trezise on Feb 27, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

M. James Pulido, Assistant Public Defender, Franklin, Tennessee, for the appellant, Reginald Perry Davis Lashley.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Kim Helper, District Attorney General; and Sean B. Duddy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Reginald Perry Davis Lashley, appeals the revocation of his probationary sentence. The defendant pled guilty to two counts of criminal attempt to deliver a controlled substance, to wit ecstasy, and received an effective six-year sentence, which was suspended to supervised probation following service of one year in incarceration. Subsequently, a violation warrant was issued alleging that the defendant had violated the terms and conditions of his probation by being arrested for DUI, using intoxicants to excess, failing to report the new arrest, and failing to verify payment of costs and fines. Following a hearing, the trial court found the defendant had violated the terms and conditions of his probation and ordered that the balance of the sentence be served in incarceration. On appeal, the defendant contends that the decision to revoke was not supported by sufficient evidence. Following review of the record, we conclude that the trial court did not abuse its discretion in revoking the defendant’s probation. As such, the judgment of the trial court is affirmed.