State of Tennessee v. Christopher Guy

The Defendant, Christopher Guy, appeals the trial court’s revocation of his effective sixyear
probationary sentence for his convictions for two counts of misdemeanor domestic
assault and one count of felony vandalism. The Defendant argues that (1) the trial court
lacked jurisdiction to revoke his probation because he had completed his probationary
period by the time the revocation warrant was filed and (2) the revocation warrant should
have been dismissed due to law enforcement’s failure to preserve evidence. The Defendant
also contends that he should have been granted an appellate bond during the pendency of
the appeal. The State responds that we should affirm the trial court’s revocation order and
that the Defendant is not entitled to relief on his appellate bond issue. Following our
review, we determine that the Defendant had completed the probationary periods on his
misdemeanor domestic assault convictions before the issuance of the revocation warrant
but that the revocation warrant was timely as to the probation for his felony vandalism
conviction. We affirm in part and reverse in part and remand for entry of an amended
probation revocation order and a corrected judgment for the Defendant’s felony vandalism
conviction in accordance with this opinion.