State of Tennessee v. Jose Hernandez

On November 9, 2018, the Defendant, Jose Hernandez, pleaded guilty to driving under the influence, a Class A misdemeanor. The trial court sentenced him to 11 months and 29 days in a workhouse, which the court suspended to 11 months and 29 days on supervised probation. The Defendant argues on appeal that: 1) the trial court imposed supplemental probation conditions that were preempted by federal law; 2) the Defendant’s supplemental probation conditions did not provide sufficient notice of what was expected of him on probation; and 3) the trial court violated the Defendant’s due process rights by failing to give notice of his probation violation and a revocation hearing. After thorough review, we reverse and remand for a probation revocation hearing.