# FILED
April 2, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT KNOXVILLE MARCH 1998 SESS ION

) STATE OF TENN ESSEE, ) ) C.C.A. No. 03C01-9706- CR-00212 Appellee, ) ) Knox County V. ) ) Honorable Ray L. Je nkins, Judge ) ANTHONY E UGENE MOORE, ) (Sentencing) ) Appellant. )

FOR THE APPE LLANT: FOR THE APPELLEE: Leslie M. Jeffress John Knox Walkup Attorney at Law Attorney General & Repor ter 1776 Riverview

Tower 900 S. Gay Street Elizabeth B. Marney Knoxville, TN 37902 Assistant Attorney Gener al 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Leon Franks Assistant District A

ttorney General City-County Buil ding Knoxville, TN 37902

OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMM ERS, Judge

O P I N I O N-2- In December 1994, Anthony Eugene Moore pled guilty to the sale of less than one-half gram of cocaine and to pos session of more than one-half gram of cocaine with the intent to sell. He was sentenced to eight years for intent to sell and to three years for the sal e of less than one-half gram, w ith the sentences to run consecutively. After serving nine month s in jail, the appellant w as released on the Community Alternativ es to Prison Program (C APP). Once released, the appellant violated the condi tions of his probation, and on Januar y 5, 1996, he was arrested. His probation violations w ere as follows: rule (

3), failure to make a full and truthful report to his case manager; rule (8), failure to pa y court costs; rule (9), failure to perform community service; r ule (10), failure to pay community corrections fees; and rule ( 14), failure to report.
The record indicates that the appellant was released on t he CAPP program twice again. However, he continued to violate provisions of his probation. On January 30, 1 997, the trial court rev oked the appellant’s probation and reinstated his origi nal sentence of eleven year s. He now appeals that judgment.
The appellant contends that he failed to report to CAPP in November 1996 because he was supposedly attacked by some men from a gang who had shot him in 1994. He claims t hat he did not report the inci dent because he feared retaliation. He cla imed that he went to liv e with his girl friend and did not report his change of address to CAPP.
Pauline Walker, a CAPP supervisor, testified at the appellant’s r evocation hearing that the rules about reporting and complying with the conditions of his release had been explained to the appellant. The ap pellant had performed only three of the 1056 hours of community ser vice that he was to per form and had apparently paid nothing t oward the court costs t hat he owed.-3- The record of the trial court s upports the court’s ruli ng. The appellant failed to take advantage of the numer ous opportunities that he had alr eady been given. The trial court did not abuse its discretion by revoking the appellant’s probation and reinstating his original sentence. See State v. Harkins , 811 S.W.2d 79, 82 (Ten n. 1991). Also, “[u]pon revocation, the original sentence imposed can be placed into effect.” Tenn. Code Ann. § 40-35-310 (1990) Sentencing Com mission Comme nts. Finding no erro r in the trial court’ s ruling, we affirm the judgment.-4- _____________________________ PAUL G. SUMMERS, Ju dge

CONCUR:

______________________________ JOHN H. PEAY, Judge

______________________________ CORNELIA A. CLARK , Special Judge