IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED JUNE 1997 SESSION August 15, 1997 Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) ) APPELLEE, ) ) No. 01-C-01-9608-CR-00375 ) ) Sumner County v. ) ) Jane F. Wheatcraft, Judge ) ) (Revocation of Community Corrections ) Sentence) MARSHALL L. SCRUGGS, ) ) APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE: Pamela E. Beck John Knox Walkup Assistant Public Defender Attorney General & Reporter East Main Street, Suite 2C 500 Charlotte Avenue Gallatin, TN 37066 Nashville, TN 37243-0497 (Appeal Only) Daryl J. Brand Nancy B. Meyers Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway East Main Street, Suite 2C Nashville, TN 37243-0493 Gallatin, TN 37066 (Trial Only) Lawrence Ray Whitley District Attorney General OF COUNSEL: 113 Main Street Gallatin, TN 37066-2803 David A. Doyle District Public Defender Dee D. Gay East Main Street, Suite 2C Assistant District Attorney General Gallatin, TN 37066 113 Main Street Gallatin, TN 37066-2803

OPINION FILED:________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge OPINION

The appellant, Marshall L. Scruggs (defendant), appeals as of right from a judgment of the trial court revoking his community corrections sentence and requiring him to serve the sentence previously imposed by the court. In this Court, the defendant contends the trial court abused its discretion by revoking his probation.

This is the second community corrections revocation in this case. The record reflects the defendant violated the terms of his house arrest. He was subsequently arrested for underage consumption of alcohol, driving while under the influence, and driving while his license was suspended. He was convicted of DUI and the other two charges were retired.

After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules.

____________________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________ WILLIAM M. BARKER, JUDGE

______________________________________ THOMAS T. WOODALL, JUDGE