State of Tennessee v. Keith Howard

Defendant, Keith Howard, appeals the trial court’s revocation of his probation sentence. Defendant pled guilty to selling more than .5 grams of cocaine with an agreed ten-year sentence, which was suspended except for ninety days, with credit for time served. The remainder of the ninety days was to be served on weekends. Subsequently, a probation violation warrant was filed, which alleged that Defendant had failed to follow his probation officer’s instruction that he submit to a drug test and that he absconded during his drug screen. Following the hearing the trial court revoked Defendant’s probation and entered a judgment placing Defendant’s original sentence into effect. We conclude that the evidence does not preponderate against the trial court’s finding of a violation, and that the trial court did not err by placing the original sentence into effect by ordering service in confinement. We therefore affirm the judgment of the trial court.