FILED

January 22, 1998

Cecil Crowson, Jr.

Appellate Co urt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

DECEMBER 1997 SESSION

STATE OF TENNESSEE, )

)

 APPELLEE, )

) No. 02-C-01-9612-CC-00482

)

) Madison County

v. )

) Franklin Murchison, Judge

)

) (Probation Revocation)

MAURICE MANLEY, )

)

APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE:

C. Michael Robbins John Knox Walkup

Attorney at Law Attorney General & Reporter

202 South Maple, Suite C 500 Charlotte Avenue

Covington, TN 38019 Nashville, TN 37243-0497

(Appeal Only)

Georgia B. Felner

Vanessa King Counsel for the State

Assistant Public Defender 450 James Ro bertso n

Parkway

227 Baltimore Street, West Nashville, TN 37243-0493

Jackson, TN 38301

(Trial Only) James G. Woodall

District Attorney General

OF COUNSEL: P.O. Box 2825

Jackson, TN 38302

George Morton Googe

District Public Defender Donald H. Allen

227 Baltimore Street, West Assistant District Attorney

General

Jackson, TN 38301 P.O. Box 2825

Jackson, TN 38302
1The defendant entered pleas of guilty to two counts of aggravated

assault, Class C felonies. The trial court sentenced the defendant to

Range II sentences of six (6) years for each offense pursuant to a plea

agreement. The trial court suspended the defendant’s sentences and

placed the defendant on intensive probation for six (6) years. 

2

OPINION FILED:___________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge

O P I N I O N

The appellant, Maurice Manley (defendant), appeals as of right from

a judgment of the trial court revoking his intensive probation.1

 The trial

court found the defendant violated his probation by failing to report to his

probation officer, changing his address without the consent of the

probation officer, failing to appear for the requisite random drug screens,

failing to be at home when the probation officer made custody (curfew)

checks, failing to enter into an alcohol treatment and counseling

program, and failing to pay the probation fees, court costs, and

restitution. In this court, the defendant presents one issue for review:

“Did the trial court err in ordering the defendant incarcerated for service

of the remainder of his sentence?”

The defendant testified there was no excuse for failing to report to

his probation officer as ordered. He stated he was an alcoholic and
3

drank as much alcohol as possible seven days a week. The defendant

testified he was “probably somewhere drinking” when he was supposed

to report to his probation officer. He also admitted he did not enter an

alcohol treatment program or counseling program as ordered by the

court. He testified he continued to live at the same address even though

people at that address stated they did not know where the defendant was

living. He claimed he worked sporadically and was unable to pay the

probation fees, court costs, and restitution. The defendant did not testify

where he obtained the funds to purchase alcoholic beverages seven days

a week.

After a thorough review of the record, the briefs submitted by the

parties, and the law governing the issue presented for review, it is the

opinion of this court that the judgment of the trial court should be

affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. See

State v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991).

____________________________________________

 JOE B. JONES, PRESIDING JUDGE
4

CONCUR:

______________________________________

 JERRY L. SMITH, JUDGE

______________________________________

 CURWOOD WITT, JUDGE