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Posted by: Landry Butler on May 15, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Thomas Marshall, District Public Defender, for the appellant, Blake Austin Weaver.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; and Rachel Sobrero, Assistant District Attorney General Pro Tem, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendant, Blake Austin Weaver, appeals the revocation of his community corrections sentence. Pursuant to a guilty plea, he was convicted of one count of theft of property valued more than $60,000 and eleven counts of forgery of a check in an amount greater than $1,000 and less than $10,000. The trial court imposed an effective sentence of fifteen years to be served on community corrections. The trial court revoked the Defendant’s community corrections sentence after finding that the Defendant failed a drug screen, failed to pay restitution, and did not comply with orders to attend intensive outpatient therapy and enter a halfway house. After revocation, the trial court ordered the Defendant to serve the remainder of his sentence in prison. He argues that the trial court abused its discretion by revoking his community corrections sentence, contending that the trial court erroneously failed to consider his ability to pay restitution, relied on grounds outside the notice of violation, and acted too harshly in requiring him to serve the remainder of his sentence in confinement. After a thorough review of the record and applicable law, we affirm the judgment revoking the Defendant’s community corrections sentence.