Opinion

State of Tennessee v. Samuel T. Anderson

Court
Court of Criminal Appeals of Tennessee
Filed
Aug 3, 2009
Status
Published
On the bench
Judge John Everett Williams
Cited by
0 cases
Authority
More cited than 29.4%

in interpreting the intent of the legislature and the meaning of a statute, courts should initially look to the language of the statute itself and are restricted to the natural and ordinary meaning of the language unless an ambiguity requires resort elsewhere

How later courts described this case

  • in interpreting the intent of the legislature and the meaning of a statute, courts should initially look to the language of the statute itself and are restricted to the natural and ordinary meaning of the language unless an ambiguity requires resort elsewhere

Written by the judges who cited it.

The opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs April 14, 2009

STATE OF TENNESSEE v. SAMUEL T. ANDERSON

Direct Appeal from the Criminal Court for Shelby County

No. 02-04612 John P. Colton, Jr., Judge

No. W2008-00995-CCA-R3-CD - Filed August 3, 2009

The issue is who has authority and jurisdiction to establish terms and conditions of a defendant’s

lifetime community supervision imposed pursuant to Tennessee Code Annotated section 39-13-524.

We conclude it is the Tennessee Board of Probation and Parole. Therefore, the trial court’s order

in this case modifying the terms and conditions of the defendant’s lifetime community supervision

is reversed.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Reversed

JOHN EVERETT WILLIAMS, J., delivered the opinion of the court, in which ALAN E. GLENN and J.C.

MCLIN , JJ., joined.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; William L.

Gibbons, District Attorney General; and Glen Baity, Assistant District Attorney General, for the

appellant, State of Tennessee.

Marvin Ballin, Memphis, Tennessee, for the appellee, Samuel T. Anderson.

OPINION

The defendant, Samuel T. Anderson, pled guilty in 2006 to aggravated sexual battery. He

was sentenced to three years in the county workhouse and placed on community supervision for life,

pursuant to Tennessee Code Annotated section 39-13-524. Following his release from the

workhouse, while being supervised by the Tennessee Board of Probation and Parole, the defendant

was required to wear an electronic monitoring device (ankle bracelet) and was restricted from

traveling outside the state of Tennessee. The defendant was employed as an over-the-road truck

driver, and he requested the original trial court to amend the terms and conditions of his community

supervision by granting him permission to travel outside of Tennessee for the purpose of his

employment and by dispensing with the electronic monitoring requirement. After a multitude of

hearings, the trial court granted the defendant’s motion and modified the terms and conditions set

forth by the Tennessee Board of Probation and Parole as requested by the defendant. However, the

trial court did order the defendant to provide his probation officer with his itinerary and to be in

constant communication with his probation officer.

The State filed a timely appeal, but the defendant has filed no response. It is the State’s

position that the trial court is without authority or jurisdiction to modify the terms and conditions

set by the Tennessee Board of Probation and Parole.

At the time the defendant pled guilty to the offense of aggravated sexual battery, the law

required that the defendant be sentenced to community supervision for life following his sentence

expiration. See T.C.A. § 39-13-524(a) (2006). Tennessee Code Annotated section 39-13-524

provides as follows:

(a) In addition to the punishment authorized by the specific statute prohibiting the

conduct, any person who, on or after July 1, 1996, commits a violation of § 39-

13-502, § 39-13-503, § 39-13-504, § 39-13-522, or attempts to commit a

violation of any of these sections, shall receive a sentence of community

supervision for life.

(b) The judgment of conviction for all persons to whom the provisions of subsection

(a) apply shall include that the person is sentenced to community supervision for

life.

(c) The sentence of community supervision for life shall commence immediately

upon the expiration of the term of imprisonment imposed upon the person by the

court or upon the person’s release from regular parole supervision, whichever

first occurs.

(d) (1) A person on community supervision shall be under the jurisdiction,

supervision and control of the board of probation and parole in the same manner

as a person under parole supervision. The board is authorized on an individual

basis to establish such conditions of community supervision as are necessary to

protect the public from the person’s committing a new sex offense, as well as

promoting the rehabilitation of the person.

(2) The board is authorized to impose and enforce a supervision and

rehabilitation fee upon a person on community supervision similar to the fee

imposed by § 40-28-201. To the extent possible, the board shall set the fee in

an amount that will substantially defray the cost of the community

supervision program. The board shall also establish a fee waiver procedure

for hardship cases and indigency.

T.C.A. § 39-13-524.

After review, we conclude that the clear, plain, and unambiguous language of this

statute vests the authority and jurisdiction to establish conditions of community supervision

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solely in the Tennessee Board of Probation and Parole. See Browder v. Morris, 975 S.W.2d 308,

311 (Tenn. 1998) (in interpreting the intent of the legislature and the meaning of a statute,

courts should initially look to the language of the statute itself and are restricted to the natural

and ordinary meaning of the language unless an ambiguity requires resort elsewhere).

Therefore, the trial court was without authority or jurisdiction to modify or change the terms

and conditions of this defendant’s community supervision, and the original terms and

conditions should be reinstated.

This court addressed a similar situation in Arthur W. Stamey v. State, No. E2006-02047-

CCA-R3-HC, 2007 Tenn. Crim. App. LEXIS 652 (Tenn. Crim. App. at Knoxville, Aug. 17,

2007). In that case, the trial court, at the defendant’s sentencing hearing, sought to impose

a condition, as part of the defendant’s lifetime supervision, that he not be around children for

the remainder of his life. On appeal, this court held that the “trial court was without authority

to impose the condition in the judgment of conviction,” and, furthermore, that “the condition

was imposed in direct contravention to our express statutory provision.” Id. at 6.

If a trial court does not have authority or jurisdiction to set terms and conditions of

lifetime community supervision at the initial sentencing, we fail to see how the trial court later

has the authority or jurisdiction to modify or change the terms and conditions as set by the

Tennessee Board of Probation and Parole. The trial court is most certainly vested with the

authority and jurisdiction to impose conditions that a defendant must obey during the initial

sentence phase, see T.C.A. § 40-35-313 (2006), but the conditions of lifetime community

supervision that the defendant is to follow are to be set by the Tennessee Board of Probation

and Parole. The Board’s decisions may be reviewable pursuant to the Uniform Administrative

Procedures Act. See T.C.A. § 4-5-106, et seq.

________________________________

JOHN EVERETT WILLIAMS,

JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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