IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs February 20, 2008

STATE OF TENNESSEE v. SHARON VIRGINIA HINKLEY

Direct Appeal from the Circuit Court for Dickson County

No. CR6177 George Sexton, Judge

No. M2007-01752-CCA-R3-CD - Filed October 8, 2008

The defendant, Sharon Virginia Hinkley, appeals the revocation of her probation. After review, we

conclude that the appellate record does not contain any documents pertaining to the conviction and

sentence contested by the defendant. Therefore, we are compelled to dismiss this appeal. 

Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

JOHN EVERETT WILLIAMS,J., delivered the opinion of the court, in which NORMA MCGEE OGLE,J.,

and DAVID G. HAYES, SR. J., joined.

William B. “Jake” Lockert, III, District Public Defender, and Christopher L. Young, Assistant Public

Defender, for the appellant, Sharon Virginia Hinkley. 

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General;

Dan Mitchum Alsobrooks, District Attorney General; and Wendell R. Crouch, Jr., Assistant District

Attorney General, for the appellee, State of Tennessee.

OPINION

This case involves the defendant’s violation of probation and whether it was properly

revoked.

On September 12, 2003, the defendant pled nolo contendere in case number CR-6177 to the

amended charge of simple possession (a Class A misdemeanor), received a sentence of eleven

months and twenty-nine days, and was given pretrial jail credit of five days and fifteen hours. The

defendant’s sentence was probated and ordered to be “supervised by State probation supervising her

on [case number] CR-6628.” At the same time, in case number CR-6628, the defendant pled guilty

to failure to appear (a Class E felony), received a consecutive sentence of one year, and was placed

on probation after serving thirty days. On October 6, 2004, a Violation of Probation warrant was
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filed against the defendant, alleging that she failed to notify her probation officer of her proper

address and failed to report to her probation officer.

A probation revocation hearing was held on July 25, 2007. In essence, the testimony revealed

that the State probation officer lost contact with the defendant in June of 2004, and that, when she

was located, the defendant was not living at the address noted on her paper work. The defendant

testified she had lived at her present address for three years. She said she has a lung disease, a blood

disease, and paralysis from gel or something that formed around her brain when she became ill. She

said that she has not been in trouble since being placed on probation and that Judge Moore had

released her from probation. After the hearing, the trial court revoked the defendant’s probation

concluding that, by clear and convincing evidence, the defendant had violated the conditions of

probation by failing to report to her probation officer. This appeal follows. 

After the notice of appeal was timely filed in this case, the defendant discovered that it was

filed under the wrong case number and requested that the notice of appeal and this brief be germane

only to case number CR-6628. However, the record before us relates only to case number CR-6177.

The sentence in CR-6177 has expired. Based upon the record before us, we are unable to address

any claims relating to case number CR-6628.

Conclusion

Based on the record before us, the appeal is dismissed.

 ___________________________________ 

 JOHN EVERETT WILLIAMS, JUDGE