A man convicted and sentenced to six years in prison before the Rutherford County Circuit Courts has asked for a new trial. Dannie Brumfield claims the courts abused its discretion when they revoked his probation and ordered him to serve two additional sentences.

Brumfield pled guilty in August of 2014 to one count of possession of a schedule III drug, third offense and one count of driving on a suspended license. Two days after the case hit the courtroom, Brumfield was arrested for theft of property and criminal trespassing. Brumfield was accused of stealing bacon from the Kroger store on Middle Tennessee Blvd. in Murfreesboro.

A month after the bacon heist, Brumfield was arrested for driving on a suspended license, again. In fact, a 2014 Murfreesboro Police Report shows that the arrest was the 10th time Brumfield was caught driving on a revoked license (MPD Arrest Report #14-10882).

In December of 2014 he pled guilty to the sale of a schedule II drug and received six years of probation. The following January (2015), Brumfield was indicted for crimes that reportedly occurred the year prior.

In June of 2015, a probation violation report was filed with the courts that alleged Brumfield violated the conditions of his sentences after testing positive for cocaine and being arrested for theft, resisting arrest and criminal trespassing. The month later, he failed to show up for a probation revocation hearing.

Once Brumfield finally appeared in court, he admitted that he had numerous health problems and one included congestive heart failure. The man told the courts that he did indeed use cocaine to help relieve pain that he had.

After finding that the Defendant had violated his probation by failing to comply with the rules of probation by his drug use and by continuing a pattern of criminal behavior, the trial court ordered that the Defendant serve the remainder of his six-year sentence in confinement. The confinement is what Brumfield had a problem with when he asked for a new trial. He claims the courts were abusing their discretion.

Despite Brumfield's argument, the Court of Criminal Appeals in Nashville sided with the trial courts decision to keep the 65 year old behind bars. Brumfield is currently housed at the Morgan County Correctional Complex. His sentence will end in year 2021.

Source:

Court of Criminal Appeals No. M2015-01940-CCA-R3-CD