State vs. Helen Cumberbatch

Case Number
E2000-00047-CCA-R3-CD
The Defendant appeals as of right from the trial court's revocation of her community corrections sentence. She argues that the trial court erred in revoking her community corrections sentence based on unreliable, undocumented hearsay evidence that she had failed a drug screen. The State asserts that the Defendant has waived appellate review of the admission of the hearsay evidence because she failed to object at the hearing. We hold that the trial judge properly considered the hearsay evidence, and she did not abuse her discretion in revoking community corrections because the evidence was sufficient to establish by a preponderance of the evidence that the Defendant had violated the conditions of community corrections by using cocaine. Accordingly, we affirm the judgment of the trial court revoking the Defendant's community corrections sentence.
Authoring Judge
Judge David H. Welles
Originating Judge
Rebecca J. Stern
Case Name
State vs. Helen Cumberbatch
Date Filed
Dissent or Concur
No
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