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Posted by: Landry Butler on Sep 30, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

James E. Lanier, District Public Defender; and H. Tod Taylor, Assistant District Public Defender, for the appellant, Darrell Thomas Gooch.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Karen Burns, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Darrell Thomas Gooch, appeals as of right from the Dyer County Circuit Court's revocation of his probation and reinstatement of his effective ten-year sentence. The Defendant contends (1) that the trial court abused its discretion by revoking his probation because it relied on an additional probation violation introduced at the hearing that was not included in the violation warrant; (2) that the trial court ignored factors that mitigated his presence at the rape victim's apartment complex; and (3) that the four curfew violations, alone, were insufficient to revoke probation. Following our review, we affirm the trial court's revocation of the Defendant's probationary sentence and order of confinement.