State of Tennessee v. Michael Steven Borel

Defendant, Michael Steven Borel, appeals from the Madison County Circuit Court’s order fully revoking his sentence of probation. On appeal, Defendant contends his conduct amounted only to a technical violation and the trial court erred by revoking his probation and ordering him to serve his sentence incarcerated. After review, we conclude the trial court abused its discretion by fully revoking Defendant’s probationary sentence for his felony conviction following a finding of a first technical probation violation. Accordingly, we reverse the judgment of the trial court and reinstate Defendant’s probation for the felony offense. Asto Defendant’s probated misdemeanor sentences however, following our de novo review, we affirm the trial court’s full revocation of probation.