State of Tennessee v. Troy McLemore

Summary

The Tennessee Court of Criminal Appeals affirmed the revocation of Troy McLemore’s probation following his admission that he had used illegal drugs and his failure to comply with other probation conditions. The court held that the drug use constituted substantial evidence supporting revocation and that the trial court had discretion to order split confinement rather than intensive probation or Community Corrections. The court also concluded that resentencing principles did not need to be reconsidered after the probation violation was established.

Holdings

1. The trial court properly revoked McLemore's probation because his admission that he used illegal drugs constituted substantial evidence that he violated the conditions of probation.
2. After revoking probation, the trial court had discretionary authority to require execution of the original sentence and was not required to reconsider the general sentencing principles before ordering split confinement.

Questions Presented

1. Whether substantial evidence supported the trial court's revocation of McLemore's probation.
2. Whether the trial court erred by ordering McLemore to serve part of his sentence in county jail rather than imposing intensive probation or Community Corrections.

Disposition

affirmed