State of Tennessee v. Almeko Chiffon Woods

On February 4, 2005, the defendant, Almeko Chiffon Woods, pled guilty to one count of forgery less than $200 and one count of fraudulent use of a credit card between $500 and $1000, both Class E felonies. The trial court sentenced the defendant to two years probation for each offense, with the sentences to run concurrently. On January 22, 2007, a probation violation report was prepared, alleging that the defendant failed to meet with her probation officer and failed to pay restitution and court costs. However, this report was not filed until February 20, 2007. On January 30, 2007, the trial court issued what the defendant considered a capias and the state considered an arrest warrant in connection with the alleged probation violation. Following a June 28, 2007 hearing, the trial court found the defendant in violation of her probation and extended her probation another year. That same day, an additional probation violation was filed with the trial court, alleging that the defendant violated her probation by being arrested for simple possession of a controlled substance and failing to report this arrest to her probation officer. In August 2007, the trial court revoked the defendant’s probation and ordered her to serve a two-year sentence in the Department of Correction. The defendant appeals, arguing that because the probation violation report was not filed until February 20, 2007, her probation expired on February 4, 2007. She further argues that because the document issued by the trial court in January 2007 was not an arrest warrant, the limitations period for filing the probation violation was not tolled, and therefore the trial court’s extension and revocation of her probation were nullities because her probation expired on February 4, 2007. After reviewing the record, we conclude that the expiration of the defendant’s probation was properly tolled and that the trial court acted properly in extending and subsequently revoking the defendant’s probation. As such, we affirm the judgment of the trial court.