STATE OF TENNESSEE v. CRAIG DAGNAN- Concurring

Case Number
M2020-00152-CCA-R3-CD

I concur fully with the conclusion reached by the majority that there was overwhelming evidence to support the trial court's decision to revoke Defendant's probation and to order Defendant to serve the balance of his six-year sentence in incarceration. I write separately to simply express my belief that once a determination is made that a defendant has violated the conditions of his or her probation, neither an additional hearing not any additional findings are statutorily mandated of a trial court to determine the manner in which the original sentence should be served.1 Thus, there is no opportunity for an abuse of discretion when a "second exercise of discretion" is not required by either sections 40-35-310 or 40-35-311 of Tennessee Code Annotated.

Authoring Judge
Judge Timothy L. Easter
Originating Judge
Judge Justin C. Angel
Case Name
STATE OF TENNESSEE v. CRAIG DAGNAN- Concurring
Date Filed
Dissent or Concur
No