MURFREESBORO, TN — The Tennessee Court of Criminal Appeals has upheld the revocation of probation and reinstatement of a 10-year prison sentence for Fredrick Devell Rice Jr., who repeatedly violated the terms of his probation by testing positive for fentanyl and other drugs.
Rice had originally pleaded guilty to multiple charges stemming from two separate incidents in Murfreesboro, including being a felon in possession of a firearm, tampering with evidence, and felony drug possession with intent to sell. As part of a negotiated plea deal, Rice received a 10-year sentence with nine years suspended to probation after serving one year in jail.
After initially complying with probation, Rice began failing drug tests in late 2023. He tested positive for fentanyl, norfentanyl, cocaine, and marijuana on multiple occasions between September 2023 and May 2024. Despite being offered residential treatment by the Tennessee Department of Corrections (TDOC), Rice refused to attend, citing a pending court case and confusion about the approval process. His refusal and continued drug use ultimately led to a probation violation hearing.
At the hearing, Rice’s attorney objected to testimony quoting an intake assessment report that was not prepared by the testifying witness, arguing it was inadmissible hearsay. The trial court overruled the objection, admitting the report which stated Rice had no intention of stopping his drug use. Though the appellate court ruled that admitting the hearsay testimony violated Rice’s due process rights, it found the error harmless, citing overwhelming other evidence supporting revocation.
The court noted that Rice’s repeated drug use, refusal to enter treatment, and statements indicating a resistance to authority and rehabilitation justified the trial court’s decision to enforce the original sentence. With the appeal denied, Rice will serve the remainder of his 10-year sentence in prison.
However, the Department of Correction still shows he has an upcoming parole hearing that is in February of 2028. The complete sentence comes to an end on January 25, 2033. At that point, Rice will be one-month away from his 43rd birthday.