State of Tennessee v. David Earl Freeman

Appellant, David Earl Freeman, pled guilty to three counts of theft of property and three counts of misapplication of funds in Hamilton County. He was sentenced to an effective sentence of sixteen years and placed on probation. He was also ordered to pay restitution to the victims. Subsequently, Appellant pled guilty to one count of theft of property and one count of passing a worthless check. A four-year sentence was imposed and ordered to run consecutively to the sixteen-year sentence. The new sentence was to be served on probation, and Appellant was ordered to pay restitution to the victims. A probation violation warrant was filed based in part on Appellant’s failure to pay restitution payments and the fact that he was convicted of several new charges in North Carolina. The trial court revoked Appellant’s probation and ordered him to serve the remaining fourteen years of his sentence in incarceration. After a review of the record and authorities, we determine that the trial court did not abuse its discretion in revoking Appellant’s probation as there was evidence to support the conclusion of the trial court that a violation of the conditions of probation occurred. Accordingly, the judgment of the trial court is affirmed.