State of Tennessee v. Bernard Allen Wilson

In 2022, the Defendant, Bernard Allen Wilson, pleaded guilty to possession with the intent
to sell or deliver Fentanyl, a Class C felony and was placed on judicial diversion for five
years. In July 2024, a violation of probation warrant was filed based on a new arrest for
drug possession and weapon-related charges. Following an evidentiary hearing, the trial
court found the Defendant in violation and revoked his judicial diversion. After a
sentencing hearing, the trial court ordered the Defendant to serve a six-year sentence in
confinement. On appeal, the Defendant contends that the trial court erred when it imposed
a sentence of six years, which is longer than the five-years contemplated by his plea
agreement. He further contends that the trial court erred when it denied his request to
award him “street time” credit for the time he served on probation. After review, we affirm
the trial court’s judgment.