State of Tennessee v. Deterries Q. Seymour

Deterries Q. Seymour, Defendant, was serving a four-year sentence on supervised probation when he appeared before the trial court on his second probation revocation hearing.  The amended probation violation warrant alleged a single failed drug screening for marijuana and cocaine and a Class A misdemeanor arrest/charge.  The warrant’s “violation information” alleged a “Graduated Zero Tolerance Violation.”  After a hearing, the trial court revoked Defendant’s probation in full on the basis that Defendant committed five technical violations, counting each drug found within the Defendant’s system, including drugs from a previous failed drug screen already adjudicated as a separate technical violation.  The trial court determined that Defendant had committed five technical violations, pursuant to Tennessee Code Annotated section 40-35-311 et seq. and the Tennessee Department of Correction’s community supervision sanction matrix (“Matrix”).  Defendant appeals the full revocation of his probation. After review, the judgment of the trial court is reversed, and the case is remanded to the trial court for further proceedings.