IN RE: DONTAVIS K.W. - Articles

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Posted by: Tanja Trezise on May 27, 2015

Court: TN Court of Appeals

Attorneys 1:

David C. Veazey, Chattanooga, Tennessee, for the appellant, Dontavis K.W.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; and John H. Bledsoe, Senior Counsel for the appellee, State of Tennessee.

Judge(s): SWINEY

Dontavis K.W. (“Defendant”) appeals the order of the Criminal Court for Hamilton County (“the Criminal Court”) committing him to the custody of the Department of Children’s Services (“DCS”) for an indefinite term based upon findings of delinquency and violation of probation. We find and hold that pursuant to Tenn. R. Juv. P. 35 and Tenn. Code Ann. §§ 37-1-131(a)(4) and 37-1-137(a)(1)(A) the Criminal Court did not err in the probation revocation proceeding when it ordered a disposition which would have been permissible in the original delinquency proceeding. We, therefore, affirm.