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Posted by: Barry Kolar on Jul 7, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Blake C. Kruse, Dickson, Tennessee, for the appellant, Michael Anthony Smith.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Meredith Devault, Senior Counsel; Wendell Ray Crouch, Jr., District Attorney General; and Craig Monsue, Assistant District Attorney General, for the appellee, State of Tenness


In a plea agreement encompassing several cases, the Defendant, Michael Anthony Smith, pleaded no contest to one count of theft of property valued over $1,000, one count of sale of a Schedule II drug, one count of sale of a Schedule IV drug, and one count of theft of property valued less than $500. In exchange for his plea, the State dismissed several charges against him. The trial court sentenced the Defendant to an effective sentence of nine years to be served on supervised probation. It also ordered that he successfully complete the 23rd Judicial Drug Court Program and pay restitution. Subsequently, the Defendant's probation officer filed a warrant, alleging that he had ceased to participate in the 23rd Judicial Drug Court Program. At a hearing, the Defendant admitted the violation, and the trial court revoked his probation and ordered him to serve the remainder of his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it ordered him to serve his sentence in confinement. After a thorough review of the record and applicable law, we affirm the trial court's judgments.