State of Tennessee, Appellant v. Emily Rose Harkins, Defendant-Appellee

Summary

The Tennessee Supreme Court affirmed, as modified, the Court of Criminal Appeals' reversal of the revocation of Emily Rose Harkins's community corrections sentence, holding that revocation of a community corrections sentence is reviewed for abuse of discretion rather than de novo. Applying expressio unius, the Court reasoned that T.C.A. § 40-35-402(d)'s de novo provision covers the granting or denial of probation but omits revocation and community corrections sentences entirely, and because such sentences closely resemble probation, the probation-revocation rule controls: revocation fails where the record contains no substantial evidence of a violation. Because the State presented no proof of the cited shoplifting and DUI arrests and the caseworker testified she filed the petition only to notify the court of the arrests, the Court found no substantial evidence supporting the revocation. The opinion was unanimous; no separate opinions were filed.