State of Tennessee v. Gary Wayne Bunch - Concurring Opinion

State of Tennessee v. Gary Wayne Bunch - Concurring Opinion

I concur fully with the conclusion reached by the majority that there was evidence to support the trial court’s decision to revoke Defendant’s probation and to order Defendant to serve the balance of his original sentence in incarceration. I write separately to affirm my belief expressed in my concurring opinion in State v. Craig Dagnan, No. M2020- 00152-CCA-R3-CD, 2021WL 289010, at *3 (Tenn. Crim. App. Jan. 28, 2021), perm. app. filed, that once a determination is made that a defendant has violated the conditions of his or her probation, neither an additional hearing nor any additional findings are statutorily mandated of a trial court to determine the manner in which the original sentence should be served. 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 E. Shayne Sexton
Date Filed: 
Wednesday, March 3, 2021