State of Tennessee v. Stephen David Sterling

Summary

The Tennessee Court of Criminal Appeals affirmed the trial court’s revocation of Stephen David Sterling’s probation and reinstatement of his original six-year sentence in confinement. The court held that the trial court adequately considered the probation violation, Sterling’s history of domestic violence, and prior treatment efforts before denying his request to enter the Lazarus Project residential treatment program. The appellate court applied an abuse-of-discretion standard with a presumption of reasonableness.

Holdings

1. The trial court did not abuse its discretion by ordering Sterling to serve the balance of his original sentence in confinement rather than permitting him to enter the Lazarus Project.
2. Upon finding by a preponderance of the evidence that Sterling committed a non-technical probation violation, the trial court was authorized to cause him to commence execution of the judgment as originally entered.

Questions Presented

1. Whether the trial court abused its discretion by ordering execution of Sterling's original sentence after revoking probation instead of reinstating probation with court-ordered residential treatment.

Disposition

affirmed