State of Tennessee v. Gary Lynn Poole

Case Number
E2010-01213-CCA-R3-CD

The defendant, Gary Lynn Poole, appeals the revocation of his probation in case number C-16760, arguing that the sentence imposed in that case had expired before the filing of the probation revocation warrant. The State concedes that the trial court lacked jurisdiction to revoke the defendant’s probation in case number C-16760 as well as case numbers C-16756 and C-16706. We agree that the trial court was without jurisdiction to revoke the defendant’s probation in case numbers C-16706, C-16756, and C-16760. In consequence, we reverse the judgment of the trial court revoking the defendant’s probation in those cases and dismiss the revocation warrants. We affirm the revocation and order of incarceration in case number C-17292.

Authoring Judge
Judge James Curwood Witt, Jr.
Originating Judge
Judge David R. Duggan
Case Name
State of Tennessee v. Gary Lynn Poole
Date Filed
Dissent or Concur
No
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