State of Tennessee vs. Tammy Bernice Davenport

The defendant, Tammy Bernice Davenport, appeals the Blount County Circuit Court’s revocation of her probation and subsequent sentencing. The defendant pled guilty in 2008 to the promotion of methamphetamine manufacture and received a ten-year sentence to be served on supervised probation. Following a prior revocation and reinstatement of her probation, a second violation warrant was issued alleging a violation based upon new charges and the use of intoxicants. Following a revocation hearing at which the defendant acknowledged her violations, the trial court revoked the defendant’s probation and ordered that her sentence be served in confinement. On appeal, the defendant contends that the trial court abused its discretion by ordering the defendant to serve the balance of her sentence in confinement. Following review, we find no abuse of discretion in the trial court’s actions as a defendant already on probation is not entitled to a second grant of an alternative sentence. Because we conclude no error occurred in this case and because the case has no precedential value, we affirm the judgment of the trial court in accordance with Rule 20 of the Tennessee Court of Criminal Appeals.