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Posted by: Landry Butler on Apr 9, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Patrick Hayes, Cookeville, Tennessee, for the appellant, Shane T. Usrey.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Shane T. Usrey, the Defendant, pled guilty to theft of property over the value of $500 in case numbers CR6120, CR6493, and CR7510. In 2017, the Defendant was arrested for violating the terms of his probation by committing domestic assault and aggravated assault. After a hearing, the trial court fully revoked the Defendant’s probation in all three cases and imposed the original sentences. On appeal, the Defendant argues that: (1) the trial court should not have placed any probative value on the victim’s testimony because she was intoxicated at the time of the offenses; and (2) the evidence was insufficient for the trial court to have found that the Defendant violated his probation. After a thorough review of the facts and applicable case law, we affirm.