State of Tennessee v. Doyle W. Pugh

Pursuant to a plea agreement, the defendant pled guilty to two misdemeanor counts of fraudulent use of a credit card and was placed on judicial diversion. Thereafter, a warrant was filed in which the defendant's probation officer alleged that the defendant failed to report as directed and failed to pay fines and court costs in a timely manner. After a hearing on the warrant, the trial court revoked the defendant's judicial diversion and entered a judgment against the defendant, requiring him to serve eleven months and twenty-nine days on each count, with the sentences to run concurrently. The defendant now appeals, arguing that the trial court abused its discretion by sentencing the defendant to eleven months and twenty-nine days incarceration rather than eleven months and twenty-nine days probation. Finding no error, we affirm the judgment of the trial court.