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Posted by: Tanja Trezise on Jun 9, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Lance A. Wray, Hendersonville, Tennessee (on appeal), and David Allen Doyle, District Public Defender, and Mike Anderson, Assistant District Public Defender (at trial), for the Appellant, Eric O. Turner.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Lawrence Ray Whitley, District Attorney General; and Jayson Criddle, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Eric O. Turner, pled guilty to three counts of aggravated statutory rape, a Class D felony, and was sentenced as a persistent offender to nine years for each conviction, with one conviction to be served consecutively to the others for an effective sentence of eighteen years. After pleading guilty, the defendant was immediately released on probation. Within two weeks of the defendant's release, a warrant was issued for a violation of the probationary terms after it was discovered that the defendant had been staying with his girlfriend who had minor children who were not biologically related to the defendant. The trial court found that the defendant had violated the terms of his probation and consequently ordered him to serve the remainder of his sentence in prison. The defendant appeals the revocation of his probation, asserting that the trial court erred in its factual findings, that the defendant received insufficient notice of the basis for the revocation, that the trial court erred in not making written findings, and that the trial court erred in not considering sentencing alternatives. Having reviewed the record, we conclude that the trial court did not abuse its discretion, and we affirm the judgments of the trial court.