State of Tennessee v. Lerico Sullivan

Defendant, Lerico Sullivan, challenges the revocation of his probation, arguing that because the only evidence supporting the revocation was improperly admitted testimonial hearsay, this court should reverse and dismiss the revocation proceeding. Defendant also challenges the trial court’s holding him in contempt twenty times during the hearing and ordering the ten-day sentences imposed for each contempt finding to be served consecutively. The State concedes that the trial court erred by admitting testimonial hearsay but asks this court to remand the case for a new revocation hearing. The State contends that the trial court did not err by holding Defendant in contempt or by aligning the sentences consecutively. Because the trial court erred by admitting testimonial hearsay without making the appropriate findings and because no other evidence supported the allegations that Defendant violated his probation, we reverse the revocation of his probation and dismiss the case. Regarding the twenty findings of contempt and related consecutive sentencing decision, we conclude that the evidence preponderates against three of the findings of contempt and reverse and dismiss those findings. We also conclude that the effective sentence on the contempt convictions should be modified to sixty days to be served in confinement. Accordingly, the judgment of the trial court is affirmed as modified in part and reversed and dismissed in part.