State of Tennessee v. Daniel D. Harbaugh

The defendant, Daniel D. Harbaugh, pled guilty in 2006 to violating the sex offender registry law and was sentenced as a career offender to six years. The sentence was suspended and the defendant was placed on probation for six years. In 2007, after the defendant apparently had absconded, a violation of probation warrant was filed alleging that he had failed to adhere to the terms of his probation in that he did not report as ordered on August 1 and 15, 2006, and did not notify his probation officer that he had changed addresses. At the hearing on the probation violation, the defendant admitted that he had violated his probation, as alleged, and he then was ordered to serve his six-year sentence. The probation revocation order was filed on December 16, 2009; and on January 14, 2010, the defendant sent a letter to the trial court styled "Withdrawal of Plea," which was treated as a pro se pleading, stating that the defendant wished to appeal the court's decision of December 16, 2009, and that he was "withdrawing [his] plea of guilty and entering a plea of not guilty." The trial court conducted a hearing on the motion, finding it to be without merit. The defendant appealed, and, following our review, we affirm the order of the trial court.