IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED NOVEMBER 1997 SESSION December 17, 1997 Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) C.C.A. NO. 01C01-9701-CC-00027 Appellee, ) ) MONTGOMERY COUNTY VS. ) ) HON. JOHN H. GASAWAY, III, JEFFERY SCOTT SCHMIDT, ) JUDGE ) Appellant. ) (Revocation of Community Corrections)

FOR THE APPELLANT: FOR THE APPELLEE:

MICHAEL JONES JOHN KNOX WALKUP Public Defender Attorney General & Reporter COLLIER W. GOODLETT DARYL J. BRAND Asst. Public Defender Asst. Attorney General South 2nd St. 450 James Robertson Pkwy.

Clarksville, TN 37040 Nashville, TN 37243-0493 JOHN W. CARNEY District Attorney General STEVE GARRETT Asst. District Attorney General Franklin St. Clarksville, TN 37041

OPINION FILED:____________________

AFFIRMED - RULE 20 ORDER

JOHN H. PEAY, Judge OPINION

The defendant was convicted, on a guilty plea, in March 1993 on a charge of theft. A four year sentence was imposed with all but ninety days being suspended.

The defendant’s probation was revoked on two previous occasions for violations. He was placed back on probation at the first revocation and placed in Community Corrections after the second revocation.

On July 6, 1995, a warrant was issued for the defendant to revoke his Community Corrections sentence relying on arrests and convictions in the General Sessions Court and on his failure to abide by his curfew requirements. The trial court, finding that the factual allegations were true and that alternative sentencing had not been successful, revoked the defendant’s Community Corrections sentence and ordered him to serve the balance of his sentence with the Department of Correction.

We have reviewed the record in this case and conclude that this is an appropriate case for affirmance under Rule 20 of the Court of Criminal Appeals.

It appearing that the appellant is indigent, costs of the appeal will be paid by the State, for which let execution issue. This matter is remanded to the trial court for collection of costs accrued below.

_______________________________ JOHN H. PEAY, Judge

CONCUR:

______________________________ JOSEPH M. TIPTON, Judge

______________________________ DAVID H. WELLES, Judge