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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs January 23, 2007 STATE OF TENNESSEE v. MICHAEL D. GILLIAM
Appeal from the Circuit Court for Montgomery County No. 40300328 John H. Gasaway, III, Judge

No. M2006-01528-CCA-R3-CD - Filed February 27, 2007

The Defendant, Michael D. Gilliam, appeals from the order of the Montgomery County Circuit Court revoking his probation and ordering that his eight-year sentence be served in the Department of Correction. In December of 2003, the Defendant pled guilty to possession of .5 grams or more of cocaine for resale and received an eight-year sentence. The sentence was suspended following service of twenty days in the county workhouse, and the Defendant was placed on probation. On June 23, 2005, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original eight-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the trial court abused its discretion by revoking his probation and ordering that his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed DAVID H. WELLES, J., delivered the opinion of the court, in which THOMAS T. WOODALL and ROBERT W. WEDEMEYER , JJ., joined. Jeffrey S. Grimes, Clarksville, Tennessee, for the appellant, Michael D. Gilliam. Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; John W. Carney, District Attorney General; and John Finklea, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION Factual Background The Defendant was indicted on alternative counts of possession with the intent to sell or deliver twenty-six grams or more of a substance containing cocaine. See Tenn. Code Ann.

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