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Posted by: Chandra Williams on Jul 30, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard Hughes, District Public Defender; Steve Morgan (on appeal) and Kevin Miller and Abby Burke (at hearing), Assistant Public Defenders, for the appellant, Plaise Edward Spangler.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; R. Steven Bebb, District Attorney General; and Heather Higginbotham, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Plaise Edward Spangler, appeals the revocation of his probation, raising essentially the following issues: whether the trial court abused its discretion by finding that the defendant violated the terms of his probation by failing to submit to a drug screen and failing to pay court costs and fees when neither failure was willful; whether the trial court erred by not considering all lesser alternative means to incarceration, including intensive drug rehabilitation by referral to a drug court; and whether the trial judge committed plain error by not sua sponte recusing himself because he had been the prosecutor in a number of the defendant’s previous criminal cases. Following our review, we affirm the judgment of the trial court.