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Posted by: Tanja Trezise on Mar 19, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Donna L. Hargrove, District Public Defender; and Andrew Jackson Dearing, III, Assistant District Public Defender, Shelbyville, Tennessee, for the appellant, David Muangkhot.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Robert Carter, District Attorney General; and Richard Aaron Cawley, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In January 2005, David Muangkhot (“the Defendant”) pleaded guilty to one count of sale of a Schedule I controlled substance and one count of possession of a Schedule I controlled substance with the intent to sell. Pursuant to a plea agreement, the trial court imposed concurrent, 10-year sentences and ordered the Defendant to serve his sentence in confinement. Following the completion of a boot camp program, the Defendant was released and placed on supervised probation for the remainder of his sentence pursuant to Tennessee Code Annotated section 40-20-206. In April 2014, the trial court issued a violation of probation warrant and, following a hearing, revoked the Defendant’s probation and imposed the Defendant’s original sentence. On appeal, the Defendant argues that the trial court abused its discretion by ordering him to serve his sentence. Upon review, we affirm the judgment of the trial court.