# 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 Revocati on) MAURICE MANLEY, ) ) APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE: C. Michael Robbins John Knox Walkup Attorney at Law At t orney General & Reporte r 202 South Maple, Sui te C 500 Charlotte Avenue Covington, TN 38019 Nashville, TN 37 243-0497 (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 37 243-0493 Jackson, TN 38301 (Trial Only) James G. Woodall District Attorney General OF COUNSEL: P.O. Box 2825 Jackson, TN 38302 George Morton Googe District Publi c Defender Donald H. Allen 227 Baltimore Street, West Assista nt Distric t Attorne y General Jackson, TN 38301 P.O. Box 2825 Jackson, TN 383021 The defendant entered pleasof guilty to tw o counts of aggravated

assault, Class C felonies. The trial court sente nced th e defendant to Range II sen tences of six (6) year s for each offense purs uant to a plea agr eeme nt. 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, Presid ing Judge



## O P I N I O N

The appellant, Mauric e Manley (defendant), appeals asof right from
a judgment of the trial court revoking his intensive probation. 1 The trial court found the defendant vio lated his probation by failing to report to his probation officer, changing hi s addr ess without the co nsent of the probation officer, failing to appearfor the requisite random drug screens, failing to be at home when the probation officer made custody (curfew) checks, failing to enter into an alcoh ol tre atment and counseling program, and failing t o pa y the probation fees, court costs, and restitution. In this court, the defendant presents one issu e for rev iew: “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 asordered. He stated he was an alcoholic and3

dr ank as muc h alcohol as possible seven days a week. T he defendant testified he was “probably somewhere drinking” when he w as supposed to report to his probation officer. H e also admitted he did not enter an alcohol treatment program or counseling program as or dered by the court. He testified he continued to live a t the same address even though people at that address stated they did not know where the defendant was living. He claimed he worked sporadic all y and was unable to paythe probation fees, court costs, and restitution. The defendant did not testify where he obtained the funds to purchase alcoholic beverages seven days a week. Aftera th orough review of th e record, the brief s submitted by the parties, and the law governi ng t he issue pr esented for review , it is the opinion of this court tha t the judgment of the tri al 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 JUDGE4

CONCUR:

______________________________________ JERRY L. SMITH, JUDGE

______________________________________ CURWOOD WITT, JUDGE