State of Tennessee v. Mitchell Lee Davis

The Defendant, Mitchell Lee Davis, pleaded guilty to burglary, misdemeanor theft, and sale of a Schedule II controlled substance, and the trial court entered the agreed sentence of five years, 180 days of which were to be served in confinement and the remainder to be served on probation. The Defendant's probation officer subsequently filed an affidavit alleging a probation violation. The trial court issued a warrant, and the parties agreed that the Defendant should serve 120 more days followed by reinstatement to probation. The trial court rejected the agreement, revoked the Defendant's probation, and ordered him to confinement. The Defendant did not appeal but then filed a motion to reduce his sentence pursuant to Tennessee Rule of Criminal Procedure 35, contending that the trial court improperly considered his lengthy criminal history when it revoked his probation. The trial court denied the Defendant's motion. On appeal, the Defendant contends that, after the trial court rejected the parties' agreement for the probation violation, the trial court violated his due process rights by not holding a hearing to determine whether there was sufficient evidence to support the probation violation. He further contends that the trial court abused its discretion when it revoked his probation because it based its decision on the Defendant's previous criminal history. After review, we affirm the trial court's judgment.