State of Tennessee v. Christophe Swearengen a/k/a Christopher Swearengen

Defendant, Christophe Swearengen, pled guilty to one count of aggravated assault, one count of theft of property over $10,000, one count of aggravated burglary, and one count of being a convicted felon in possession of a firearm. The trial court sentenced Defendant to five years’ probation. After a revocation hearing, the trial court fully revoked Defendant’s probation for violating the conditions of his probation and ordered him to serve the remainder of his sentence in incarceration. Defendant appeals, arguing that the trial court abused its discretion by fully revoking his probation because his violation constituted his first technical violation. The State agrees. After review, we reverse the judgment of the trial, reinstate Defendant’s probationary sentence, and remand the case for the trial court to determine the appropriate consequence of Defendant’s violation.