Court of Criminal Appeals Opinions - 3^rd Quarter 2002

The following Opinions are available for download:

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Cases posted the week of 09/30/2002
State vs. James Woodmancy - E2001-02323-CCA-R3-CD View
Sullivan County - The defendant, James Woodmancy, was convicted of third offense indecent exposure. The trial court imposed a sentence of two years. See Tenn. Code Ann. § 39-13-511. In this appeal as of right, the defendant challenges the sufficiency of the evidence and asserts that the trial court erred by ruling that evidence of his prior conviction for attempted aggravated sexual battery could be introduced by the state to impeach his testimony. Because the trial court should have ruled the prior offense inadmissible, the conviction is reversed and the cause is remanded for a new trial.

Natasha Cornett vs. State - E2002-00034-CCA-R3-PC View
Greene County - The petitioner, Natasha W. Cornett, appeals the trial court's denial of post-conviction relief. The issues presented for our review are (1) whether the petitioner properly waived her right to a jury trial at sentencing; (2) whether her guilty pleas to three counts of first degree murder, one count of attempted first degree murder, two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of theft over $1,000 were knowingly and voluntarily entered; and (3) whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

State vs. Jonathan Thornton - E2001-02491-CCA-R3-CD View
Greene County - The defendant, Jonathan Thornton, was convicted of one count of theft of property valued at more than $1,000 but less than $10,000 and one count of theft of property valued at less than $500. The trial court imposed concurrent sentences of two years and 11 months and 29 days, respectively. In this appeal of right, the defendant asserts (1) that the evidence is insufficient to support his convictions, (2) that the trial court erred in its instructions to the jury, and (3) that the trial court erred by denying an alternative sentence. Because the trial court erred by denying an alternative sentence, the defendant's sentence is modified to a sentence of split confinement with nine months to be served in confinement and the balance to be served on probation.

State vs. Cornelius Hicks - W2002-00334-CCA-R3-CD View
Gibson County - The Appellant, Cornelius Devon Hicks, appeals the sentencing decision of the Humboldt Law Court enlarging his community corrections sentence following revocation. Hicks argues on appeal that it was error to increase his sentence from eight to ten years, when no proof was introduced at the revocation hearing supporting an increased sentence and the trial court made no findings to justify the ten-year sentence. After review, we agree. Accordingly, the trial court's re-sentencing order is reversed, and this case is remanded to the trial court for a new sentencing hearing.

State vs. J. C. Bruce - M2001-02679-CCA-R3-CD View
Humphreys County - The Appellant, J.C. Bruce, was convicted after a trial by jury of robbery and, as a multiple offender, received a sentence of ten years in the Department of Correction. On appeal, Bruce raises the following issues for our review: (1) whether the evidence was sufficient to support the verdict and (2) whether his sentence was proper. After a review of the record, the judgment of the Humphreys County Circuit Court is affirmed.

State vs. Joe Hunter - M2001-01877-CCA-R3-CD View
A Davidson County Criminal Court jury convicted the defendant, Joe E. Hunter, of the Class A misdemeanor of torturing an animal. See Tenn. Code Ann. § 39-14-202(a)(1) (1997). On appeal, the defendant claims that the evidence was insufficient to support the conviction. We disagree and affirm.

Kevin Taylor vs. State - M2001-032203-CCA-R3-PC View
Warren County - The petitioner, Kevin Shawn Taylor, pled guilty in the Warren County Circuit Court to one count of attempted aggravated sexual battery. He received a sentence of ten years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed for post-conviction relief, alleging that he received the ineffective assistance of counsel and that his guilty plea was not knowing or voluntary. After a hearing, the post-conviction court denied relief. On appeal, the petitioner contends that the post-conviction court erred in denying his petition. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State vs. James Scott - M2001-02000-CCA-R3-CD View
Sumner County - The defendant contests the sentences he received for his convictions of aggravated burglary (six years), aggravated assault (five years), and theft over $10,000 (four years). The court ordered the burglary and assault convictions to run consecutively to each other. We conclude upon de novo review that, although the trial court misapplied certain enhancement factors, those remaining were properly applied and justified the sentences. Additionally, the fact that this offense was committed while on probation justified the imposition of consecutive sentences. We affirm the judgments.

State vs. James Bartlett -M2001-02419-CCA-R3-CD View
Lincoln County - Defendant appeals the circuit court judgments denying him probation on two misdemeanor counts of passing worthless checks. We affirm pursuant to Rule 20, Rules of the Court of Criminal Appeals.

Issac Edgin vs. State - M2001-02667-CCA-R3-PC View
Montgomery County - Petitioner filed a petition for post-conviction relief, claiming: (1) the trial judge, at petitioner's original trial, should have recused himself from hearing the trial under Tennessee Supreme Court Rule 10, Canon 3(E); and (2) the public defender, at the original trial, rendered ineffective assistance of counsel in violation of the Sixth Amendment of the United States Constitution and Article 1, Section 9 of the Tennessee Constitution. At the conclusion of an evidentiary hearing, the post-conviction court denied relief. Based upon our review of the entire record and applicable law, we affirm the judgment of the post-conviction court.

State vs. Adrian Patterson - M2001-0191-CCA-R3-CD View
Montgomery County - The Appellant, Adrian Patterson, appeals the decision of the Montgomery County Circuit Court revoking his two community corrections sentences and resentencing him to the Department of Correction. On appeal, Patterson argues: (1) that his sentences were actually sentences of probation rather than community corrections and, as such, the trial court was without authority to enlarge his sentences; (2) that the evidence was insufficient to support two of the alleged violations of his Community Corrections Behavioral Contract; and (3) that allowing a cooperating individual to testify about Patterson's drug activity in a pending federal drug case impaired his Fifth Amendment right against self-incrimination at the revocation proceeding. Finding no merit to Patterson's claims, the judgment of the trial court is affirmed.

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Cases posted the week of 09/23/2002
State vs. Melissa D. Hayman - E2001-01600-CCA-R3-CD View
Blount County - A jury convicted the Defendant, Melissa D. Hayman, of aggravated burglary, aggravated assault, and aggravated kidnapping. The trial court sentenced the Defendant as a Range I standard offender to six years each for the burglary and the assault convictions, and to twelve years as a Range I violent offender for the kidnapping. The six year sentences were ordered to be served consecutively to the twelve year sentence and to each other, for an effective sentence of twenty-four years. All of the Defendant's sentences were ordered to be served in the Department of Correction. In this direct appeal the Defendant contends that the kidnapping conviction violates her constitutional rights under State v. Anthony, and further challenges the length and manner of service of her sentences. We affirm the judgment of the trial court.

Jerry Britt vs. State - E2001-00864-CCA-R3-PC View
Hamblen County - The Petitioner was charged with one count of aggravated sexual battery; five counts of rape of a child; two counts of possession with intent to sell or deliver a controlled substance; and six counts of the delivery of a controlled substance. The Petitioner subsequently pled guilty to two counts of possession with intent to sell or deliver a controlled substance and to six counts of the delivery of a controlled substance. He also entered an Alford plea to three counts of attempted rape of a child. Pursuant to his plea agreement, the trial court sentenced the Petitioner to an effective sentence of forty-eight years. The Petitioner subsequently filed a timely petition for post-conviction relief which was heard and denied by the trial court. In this post-conviction appeal, the Petitioner contends that he received ineffective assistance of counsel when he entered his pleas; that his counsel's deficient performance rendered his guilty pleas unknowing and involuntary; and that he should be granted post-conviction relief because of newly discovered evidence. Concluding that the Petitioner received adequate representation when he entered his plea; that his pleas were entered knowingly, voluntarily, and intelligently; and that the Petitioner is not entitled to post-conviction relief on the basis of newly discovered evidence, we affirm the judgment of the trial court.

State vs. Freddie Bledsoe - E2001-02085-CCA-R3-CD View
Cumberland County - The appellant was convicted by a jury of the offense of aggravated assault. He was sentenced to a term of six years incarceration and the jury assessed a $10,000 fine. On appeal he contends that the evidence is insufficient to support the verdict. After a careful review of the record we find that the evidence is sufficient to support the verdict and we affirm the judgment of the trial court.

State vs. Evangeline Combs & Joseph Combs - E2000-02801-CCA-R3-CD/E2000-02800-CCA-R3-CD View
State vs. Evangeline Combs & Joseph Combs - E2000-02801-CCA-R3-CD/E2000-02800-CCA-R3-CD (Concur) View
Sullivan County - The Defendants, Joseph D. Combs and Evangeline Combs (husband and wife), were charged by presentment returned by a Sullivan County grand jury with numerous offenses: Joseph Combs was indicted for one count of especially aggravated kidnapping, two counts of aggravated assault, one count of aggravated perjury, one count of aggravated rape, and seven counts of rape. Evangeline Combs was indicted for one count of especially aggravated kidnapping, three counts of aggravated assault, two counts of assault, and four counts of aggravated child abuse. Following the close of all proof, the trial court dismissed one count of aggravated assault in the presentment against both Defendants and three counts (one for aggravated assault and two for simple assault) against Evangeline, finding the offenses in these four counts were barred by the statute of limitations. Following deliberation, the jury found Defendant Evangeline Combs guilty of especially aggravated kidnapping and four counts of aggravated child abuse, and not guilty of one count of aggravated assault. Defendant Joseph Combs was found guilty of especially aggravated kidnapping, aggravated assault, aggravated perjury, and aggravated rape, in addition to seven counts of rape. Evangeline Combs received a sentence of 65 years, and Joseph Combs received an effective sentence of 114 years. The Defendants, represented by different counsel, filed separate notices of appeal. Thereafter, the two cases were consolidated to form the instant appeal which presents the following issues: (1) whether the trial court properly conducted voir dire proceedings; (2) whether the trial court erred by allowing the State to amend the presentment for especially aggravated kidnapping; (3) whether the State properly complied with Defendants' request for a bill of particulars regarding the charge of especially aggravated kidnapping; (4) whether the trial court improperly admitted evidence of prior bad acts; (5) whether the evidence was sufficient to support the Defendants' convictions; (6) whether the trial court's instructions to the jury included all appropriate lesser-included offenses; (7) whether the trial court failed to fully and properly instruct the jury concerning the especially aggravated kidnapping charge; (8) whether the trial court erred by failing to merge the convictions for certain offenses; and (9) whether the sentences imposed on both Defendants were proper. Defendant Joseph Combs additionally presents the issue of whether seven of his eight rape convictions should be reversed because the State failed to allege sufficient facts in the presentment to properly toll the statute of limitations for these offenses. After a thorough review of the record, we reverse Defendant Joseph Combs' conviction for aggravated perjury and remand the matter for a new trial on that charge. In all other respects, we affirm the judgments of the trial court as modified.

State vs. Joseph Lantrip - W2001-01552-CCA-R3-CD View
Shelby County - Defendant pled guilty to aggravated rape and aggravated kidnapping. On appeal, defendant (1) asserts that the trial court erred in its application of enhancement factors to the sentences and (2) asserts that the imposition of consecutive sentences was improper. After reviewing the sentence de novo, we conclude that the trial court erred in sentencing defendant. We reverse and remand for resentencing.

State vs. Jeremy White - W2001-02580-CCA-R9-CD View
On May 2, 2000, a Shelby County Grand Jury indicted the appellant, Jeremy White, for attempt to commit first degree murder, especially aggravated robbery, especially aggravated burglary, and especially aggravated kidnapping. The appellant retained an attorney, Mark McDaniel, to defend him against the State's prosecution in the Shelby County Criminal Court. However, in addition to maintaining a private practice, McDaniel was a "part-time prosecutor" for the Town of Collierville in Shelby County. Accordingly, the State filed a motion to disqualify McDaniel from representing the appellant due to a conflict of interest. Following a hearing, the trial court granted the State's motion. From the trial court's order, the appellant now brings this interlocutory appeal. Having thoroughly reviewed the record and the parties' briefs, we affirm the judgment of the trial court.

Shirley Spina vs. State - E2001-02933-CCA-R3-CD View
Sullivan County - The Defendant, Shirley Spina, was indicted in Sullivan County for custodial interference. On the morning of trial, the trial court dismissed the charge for lack of venue. The State now appeals. We reverse the ruling of the trial court and remand this cause for further proceedings.

State vs. Jonathan Blanchard - E2001-00314-CCA-R3-CD View
Greene County - The Appellant, Jonathan Blanchard, was convicted in 1988 of the sale or delivery of cocaine and sentenced to seven years in prison. Following the successful completion of his sentence, the Appellant was granted a pardon by the governor of Tennessee. The Appellant subsequently petitioned for an expungement of all public records relating to his arrest and conviction. The trial court denied the Appellant's petition and the Appellant appealed as of right. We affirm the judgment of the trial court.

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Cases posted the week of 09/16/2002
State vs. Rodney Williams - W2001-02606-CCA-R3-CD View
Shelby County - The defendant, Rodney Williams, appeals his Shelby County Criminal Court conviction for aggravated robbery. He challenges the sufficiency of the convicting evidence and insists that the trial court erred in failing to suppress the victim's pretrial and in-court identification. We affirm.

State vs. James Mellon - E1999-01505-CCA-R3-DD View
Knox County - The defendant, James A. Mellon, pled guilty to first degree felony murder and especially aggravated robbery and waived his right to a trial by jury. As part of the plea agreement, the State agreed to recommend concurrent sentences on these charges of life imprisonment with the possibility of parole and twenty-five years imprisonment, respectively, in exchange for the defendant's agreement to testify truthfully and consistent with his previous statement at the trials of his codefendants. Thereafter, the defendant refused to testify as required by his plea agreement, instead, moving to withdraw his guilty pleas. That motion was denied, the State withdrew its sentencing recommendation, and a sentencing hearing was held. The jury, at the sentencing hearing, found the statutory aggravating circumstance that the defendant had previously been convicted of a felony involving violence to the person and sentenced the defendant to death. For the conviction of especially aggravated robbery, the defendant was sentenced to a consecutive term of twenty-five years imprisonment. He then filed a timely appeal. Following our review, we affirm the judgments of the trial court and the imposition of the death penalty.

State vs. Allen Blye - E2001-01227-CCA-R3-CD View
State vs. Allen Blye - E2001-01227-CCA-R3-CD (Concur) View
Sullivan County - The Defendant, Allen Prentice Blye, was convicted by a jury of aggravated burglary and aggravated rape. The trial court sentenced the Defendant as a Range III, persistent offender to fifteen years for the aggravated burglary, and as a Range II, violent offender to forty years for the aggravated rape. The sentences were ordered to be served consecutively in the Department of Correction, for an effective sentence of fifty-five years. The Defendant now appeals as of right, alleging that the trial court erred in refusing to suppress evidence; erred in admitting certain testimony at trial concerning DNA evidence; that the evidence is not sufficient to support his convictions; that the trial court erred in refusing to grant him the services of a psychological expert for sentencing purposes; and that the trial court erred in its application of enhancement and mitigating factors in setting the length of his sentences. We affirm the judgment of the trial court.


State vs. Stacey Moore - E2001-01905-CCA-R3-CD View
Washington County - The appellant, Stacey Renee Moore, entered guilty pleas to two counts of theft over five hundred dollars ($500), Class E felonies; one count of theft under five hundred dollars ($500), a Class A misdemeanor; and one count of failure to appear, a Class E felony. For each felony conviction, the appellant received a one-year sentence, with the sentences to be served consecutively. Additionally, the appellant received an eleven month and twenty-nine day sentence for the misdemeanor conviction to be served concurrent to the felony convictions. The trial court denied the appellant's request for alternative sentencing and sentenced the appellant to an effective sentence of three years in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred by denying alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Kevin Island - W2001-02171-CCA-R3-CD View
Shelby County - Kevin Island appeals from his Shelby County conviction of robbery. He claims that the evidence presented at trial was insufficient to sustain the conviction. We disagree and affirm.

State vs. Ronnie Watson - W2001-03804-CCA-R3-CD View
Gibson County - Convicted of aggravated robbery, Ronnie Watson appeals the Gibson County Circuit Court's denial of his motion to suppress the statements he gave to a law enforcement officer shortly after the commission of the crime. We hold that the issue has been waived by Watson's failure to include it in his motion for new trial.

State vs. Asata Lowe - E2000-01591-CCA-R3-CD View
A Blount County jury convicted the Defendant of two counts of first degree premeditated murder and imposed concurrent sentences of life imprisonment without the possibility of parole. The jury also convicted the Defendant of especially aggravated robbery, and the trial court sentenced the Defendant to twenty-five years incarceration, to be served consecutive to the two sentences for first degree premeditated murder. The Defendant now appeals, raising the following issues: (1) whether the trial court properly instructed the jury on all lesser-included offenses raised by the evidence, (2) whether the trial court erred by refusing to instruct the jury on duress, necessity and accessory after the fact, (3) whether the trial court erred by allowing into evidence testimony regarding the Defendant's pending aggravated assault trial, (4) whether the trial court erred by allowing into evidence a magazine clip confiscated from the Defendant by police two months before the murders, (5) whether the trial court erred by refusing to find the sentencing provisions of the Tennessee homicide laws to be unconstitutional, (6) whether the Defendant's convictions for especially aggravated robbery and theft violated his right against double jeopardy, (7) whether the indictment was constitutionally defective on its face, and (8) whether there was sufficient evidence to convict the Defendant of the charged offenses. We affirm the judgment of the trial court, but remand for entry of a corrected judgment form in Count III of indictment number 11329.

State vs. Jason Copely - E2002-00468-CCA-R3-CD View
Knox County - The Defendant pled guilty to facilitation of attempt to commit especially aggravated robbery. The trial court sentenced the Defendant as a Range II multiple offender to seven years in the Tennessee Department of Correction, with eleven months of the sentence to be served in the Knox County jail followed by probation for the remainder of the sentence. A probation violation warrant was subsequently issued against the Defendant, alleging that the Defendant had violated his probated sentence by leaving his residence without permission and by removing his electronic monitor. An amended probation violation warrant was later filed alleging that the Defendant had also violated his probation by committing misdemeanor theft. Following a hearing, the trial court revoked the Defendant's probation and ordered him to serve his sentence in the Tennessee Department of Correction. This appeal ensued. After reviewing the record, we affirm the judgment of the trial court.

Michael Carter vs. State - M2001-03065-CCA- R3-PC View
Davidson County - The petitioner originally pled guilty to aggravated robbery on June 1, 2000. He sought post-conviction relief alleging he received ineffective assistance of counsel which led to an involuntary guilty plea. Following a hearing, the trial court dismissed the petition. We affirm.

State vs.Vasile Cavopol - M2001-01034-CCA-R3-CD View
Davidson County - Apparently serving probationary terms on judicial diversion, Vasile Cavopol attempts to appeal from the Davidson County Criminal Court. He claims (1) that the lower court should have dismissed the vandalism and resisting arrest cases against him when the state's witnesses did not appear for trial on two occasions and (2) that the evidence insufficiently supports the determinations of guilt. Because the defendant who was granted judicial diversion has no rightful appeal, we dismiss this appeal.

State vs. Jonathan Echevarria - M2001-02703-CCA-R3-CD View
Davidson County - The Appellant, Jonathan Omar Echevarria, appeals from the sentencing decision of the Davidson County Criminal Court imposing a sentence of four years incarceration. The sentence arose from a guilty plea entered by Echevarria to one count of attempted aggravated robbery. In this appeal, Echevarria raises the issue of whether the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, we find no error. Accordingly, the judgment is affirmed.

State vs. Randal Faulk - M2001-02423-CCA-R3-CD View
The defendant was convicted by a Davidson County jury of driving under the influence, third offense, and driving on a revoked license. He appeals only his DUI conviction, arguing the evidence was insufficient to support a finding that he was under the influence. We affirm the judgment of the trial court.

Corey Radley vs. State - M2001-03066-CCA-R3-PC View
Davidson County - In this appeal from the denial of post-conviction relief, the sole issue is whether petitioner was deprived of the effective assistance of counsel in proceedings that led to his conviction for first degree murder with a resulting life sentence. We find no merit to his arguments and affirm the judgment of the trial court.

John Neblett vs. State - M2001-02450-CCA-R3-PC View
Montgomery County - The petitioner originally pled guilty to aggravated vehicular homicide, vehicular assault, and second offense driving on a revoked license. The trial court sentenced him to an effective sentence of twenty-four years. The effective sentence was affirmed on direct appeal. The petitioner sought post-conviction relief, alleging an unknowing guilty plea and ineffective assistance of counsel. The post-conviction court denied relief. In this appeal, the petitioner contends the post-conviction court erred in summarily dismissing the petition based solely upon the guilty plea transcript. We disagree and affirm the judgment of the post-conviction court.

State vs. William McLeod - M2001-03070-CCA-R3-CD View
Williamson County - The defendant, William R. McLeod, Jr., pled guilty in the Williamson County Circuit Court to two counts of aggravated sexual battery, a Class B felony. Pursuant to the plea agreement, the defendant received an eight-year sentence for each conviction with the issue of concurrent or consecutive sentencing to be decided by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his sentences consecutively for an effective sentence of sixteen years in the Tennessee Department of Correction. The defendant appeals, claiming that the trial court erred in ordering consecutive sentences. We affirm the judgments of the trial court.

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Cases posted the week of 09/09/2002
State vs. Carlos Bierner - E2001-01857-CCA-R3-CD View
Blount County - Defendant, Carlos Bierner, was charged with aggravated sexual battery. After his trial had commenced, but prior to its conclusion, Defendant entered a plea of guilty to the lesser charge of attempted aggravated sexual battery, a Class C felony. In accordance with the negotiated plea agreement, Defendant received a sentence of eight years, as a multiple Range II offender, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied probation or any other form of alternative sentencing and ordered that Defendant serve the eight years in confinement, at thirty-five percent eligibility. In this appeal, Defendant argues that the trial court erred by ordering a sentence of continuous confinement. We affirm the judgment of the trial court.

State vs. Early Story - W2001-00529-CCA-R3-CD View
Shelby County - The appellant, Earley Story, was convicted in the Shelby County Criminal Court of one count of selling not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony. The appellant was sentenced to one year of incarceration in the Shelby County Jail, which sentence was immediately probated. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in failing to conduct a hearing on the appellant's pro se motion alleging a failure to afford him a speedy trial; (2) whether the trial court wrongly forced the appellant to trial with unwanted counsel, which counsel were appointed without any evidence that the appellant was unable to employ counsel of his choosing; and (3) whether the trial court erred in admitting purported transcripts of tape recordings. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Joseph Batts - M2001-00896-CCA-R3-CD View
Davidson County - The appellant, Joseph Batts, was convicted by a jury of the offense of rape. He was sentenced to a term of twelve (12) years in the Tennessee Department of Correction. In this appeal he contends that the evidence is insufficient to sustain the conviction for rape and that his sentence is excessive. After carefully reviewing the record as presented, we are of the opinion that the evidence is legally sufficient to support the conviction. Moreover, in the absence of a transcript of the sentencing hearing we must presume the sentence is correct. The judgment of the trial court is affirmed.

State vs. Kenneth White - M2002-00125-CCA-R3-CD View
Humphreys County - The Appellant, Kenneth Ray White, appeals from the sentencing decision of the Humphreys County Circuit Court denying his request for probation. In this appeal, White raises the issue of whether the trial court abused its discretion by ordering a sentence of incarceration rather than the less restrictive alternative of community corrections. After review, we find no abuse of discretion. As such, the trial court's decision is affirmed.

State vs. David Bottoms - M2001-02693-CCA-R3-CD View
Davidson County - The Appellant, David D. Bottoms, appeals from the Davidson County Criminal Court's order of restitution following his conviction for arson. On appeal, Bottoms argues the amount of restitution was excessive. Upon de novo review, we find that the victim did not provide sufficient evidence of his pecuniary loss for damages to the rental property. Accordingly, the amount of restitution as imposed by the trial court is modified, and the case is remanded for entry of a sentencing order in accordance with this opinion.

State vs. Christopher Eddinger - M2001-02493-CCA-R3-CD View
Davidson County - A Metropolitan Parks and Recreation Department officer observed the defendant, who was wearing only a T-shirt and fishnet stockings and had a spiked leather strap wrapped around his testicles, as the defendant was sitting in his car, with the door open, in a Nashville public park. The defendant was given a misdemeanor citation charging him with violating Tennessee Code Annotated section 39-13-511, "[p]ublic indecency - [i]ndecent exposure." He was tried and convicted in the general sessions court, and appealed the conviction to the criminal court, where he was convicted of public indecency, a Class B misdemeanor, and ordered to pay a $500 fine. The defendant then timely appealed to this court, arguing that the evidence was insufficient, that the search of his vehicle violated his constitutional rights, that he was acquitted of public indecency in his first trial and, therefore, could not be convicted of it following the appeal, and that the testimony of the arresting officer should have been suppressed. Following our review, we affirm the judgment of conviction.

State vs. Edward Franklin - M2001-02303-CCA-R3-CD View
Sumner County - Defendant, Edward Buck Franklin, pled guilty to two counts of attempted rape and one count of aggravated burglary. He received a sentence of three years for each conviction, with two of the sentences to be served concurrently with each other but consecutive to the sentence for the third conviction, for an effective sentence of six years. After receiving credit for time previously served in jail, his sentences were suspended and he was placed on probation. Thereafter, three probation violation warrants were filed against him. Following a hearing on the third warrant, the trial court revoked Defendant's probation and ordered that he serve his sentence in the Department of Correction. We affirm the judgment of the trial court.

Morris Rucker vs. State - M2001-02020-CCA-R3-PC View
Davidson County - On September 14, 1984, the petitioner, Morris Rucker, was convicted of three violent offenses and was sentenced to imprisonment for life plus sixty years in the Tennessee Department of Correction. On June 21, 2001, the petitioner mailed from prison a petition for post-conviction relief alleging four grounds for relief. The post-conviction court dismissed the petition as being time-barred. On appeal, the petitioner contends that the post-conviction court erred in dismissing his petition. Upon reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court.

James Dash vs. Howard Carlton - E2001-02867-CCA-R3-PC View
Johnson County - The petitioner, James William Dash, filed a petition for writ of habeas corpus which was denied by the trial court for lack of jurisdiction. In this appeal of right, the petitioner argues that the trial court clerk erroneously filed the petition in the criminal court rather than the circuit court, that his judgment of conviction is void, and that the trial court erred in the assessment of costs. The trial court's order taxing costs to the petitioner is reversed. Otherwise, the judgment of the trial court is affirmed.

R.B. Toby vs. State - E2000-03127-CCA-R3-PC View
Sevier County - The appellant filed a Motion to Vacate an Illegal Sentence. The trial judge treated the motion as a petition for post-conviction relief and dismissed the case as time barred. In this appeal, the appellant claims the actions of the trial court were erroneous. We respectfully disagree. The judgment of the trial court is affirmed.

State vs. Antonio Mitchell - W2000-02721-CCA-R3-CD View
Shelby County - The defendant, Antonio Mitchell, appeals his Shelby County jury conviction of attempted first-degree murder and claims that the evidence is insufficient to sustain the conviction. We disagree and affirm.

State vs. Harold Turner - W2001-02613-CCA-R3-CD View
Shelby County - The defendant, Harold J. Turner, was convicted of driving under the influence ("DUI") and sentenced to eleven months, twenty-nine days in the county workhouse, with all but seven days suspended and the balance to be served on probation. In addition, his driver's license was revoked for one year and he was ordered to attend alcohol safety school and pay a fine of $500. In his appeal, the defendant argues that the trial court should have instructed the jury to consider whether he was guilty of driving while impaired without first having to determine that he was not guilty of DUI. Following our review, we affirm the judgment of the trial court.

State vs. Walter Wilson - W2001-01463-CCA-R3-CD View
Shelby County - Walter Wilson, the defendant, was convicted of second-degree murder, felony murder, and attempted especially aggravated robbery by a Shelby County jury. The jury sentenced the defendant to life without the possibility of parole for the felony-murder conviction, and the trial court imposed a consecutive, ten-year sentence in the Department of Correction for the attempted especially aggravated robbery. On appeal, the defendant contends that the evidence was insufficient to support his convictions, that applicable lesser-included offenses were not charged to the jury, and that consecutive sentencing is inappropriate because he is not a dangerous offender. We affirm the attempted especially aggravated robbery conviction, but we reverse and remand for a new trial on the homicide counts based on the failure to instruct on lesser-included offenses.

State vs. Lee Anderson - W2001-02951-CCA-R3-PC View
Fayette County - The petitioner, Lee O. Anderson, appeals the Fayette County Circuit Court's denial of his petition for post-conviction relief from his convictions for delivery of one-half gram of cocaine and delivery of less than one-half gram of cocaine. This court affirmed the judgments of conviction. See State v. Lee O. Anderson, No. W2000-00671-CCA-R3-CD, Fayette County (Tenn. Crim. App. Feb. 9, 2001), app. denied (Tenn. June 25, 2001). The petitioner claims that he received the ineffective assistance of counsel because his trial attorney (1) failed to present evidence of the petitioner's treatment for drug addiction in order to support a casual exchange defense and (2) failed to raise an insufficiency of the evidence claim on appeal of his convictions. We affirm the judgment of the trial court.

State vs. Willie Burton - W2001-02997-CCA-R3-CD View
Chester County - The defendant, Willie Neal Burton, appeals as of right from the Chester County Circuit Court's revocation of his community corrections sentence. The trial court found that he had violated the terms of his community corrections sentence by conduct unbecoming good citizenship, involving arrests and convictions for subsequent offenses while serving his community corrections sentence. It sentenced the defendant to a six-year sentence as a career offender. The defendant contends that the trial court erroneously revoked his community corrections sentence and that the resulting six-year sentence is excessive. We affirm the trial court's revocation and sentence.

State vs. Roy Smith Jr. - W2001-01457-CCA-R3-CD View
State vs. Roy Smith Jr. - W2001-01457-CCA-R3-CD (Concur) View
Lauderdale County - The petitioner, Roy C. Smith, Jr., pled guilty to one count of rape of a child and was sentenced to fifteen years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner, acting pro se, filed a petition for a writ of habeas corpus, alleging that his conviction is illegal because he pled guilty to a crime that was not in effect at the time of the commission of the offense. The trial court dismissed the petition and the petitioner now appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Harley Upchurch - M2001-03170-CCA-R3-CD View
Overton County - Defendant pled guilty to burglary, theft under $500, and vandalism under $500 and was sentenced by the trial court to an effective sentence of four years with the requirement that he serve one year "day for day" in the county jail followed by twelve years of supervised probation. On appeal, defendant contends (1) the length of his sentence is excessive; (2) he should have been granted full probation; and (3) the trial court erred in requiring him to serve his time of confinement "day for day." We remand for deletion of the "day for day" requirement because it deprives the defendant of the opportunity to earn statutory sentencing credits; however, we affirm the judgments of the trial court in all other respects.

State vs. Harold Roberts - M2001-02291-CCA-R3-CD View
Marion County - The defendant was convicted of driving under the influence, third offense; driving on a revoked license; felonious evading arrest; and violating the open container law. The trial court granted a motion for judgment of acquittal as to the felonious evading arrest conviction and imposed the following sentences: eleven months, twenty-nine days, suspended after serving ten months in continuous confinement, for DUI, third offense; four months in the county jail, plus six months' probation, for driving on a revoked license; and thirty days for violating the open container law, with all sentences to be served concurrently. The defendant appealed, arguing that the trial court erred by denying his request to give the jury the missing witness instruction and by improperly sentencing him. We affirm the judgments of the trial court but remand for entry of a corrected judgment as to Count 2 reflecting that the defendant was convicted of third offense DUI.

State vs. Herman Matthews - M2001-00754-CCA-R3-CD View
Robertson County - On March 9, 2001, the appellant pled guilty to driving on a revoked driver's license. See Tenn. Code Ann. § 55-50-504. He was sentenced to 20 days confinement in the Robertson County jail followed by 6 months probation. As part of the plea arrangement, the appellant reserved a certified question for appeal pursuant to Tenn. R. Crim. P. 37(b)(2)(i). That certified question concerns the legality of the stop of the appellant due to the inability of the arresting police officer after sundown to see the rear license plate on the appellant's vehicle. The trial judge concluded that the stop of the appellant was reasonable and denied the appellant's motion to suppress all evidence flowing from the stop. Because we agree that under the facts of this case the stop of appellant's vehicle was reasonable under the Fourth Amendment to the United States Constitution, and Art. I, Sec. 7 of the Constitution of Tennessee, we affirm the judgment of the trial court.

State vs. Timothy Holland - M2001-03129-CCA-R3-CD View
Robertson County - The defendant was convicted of facilitation of aggravated robbery and aggravated burglary for his participation with a codefendant in robbing a resident of a Springfield motel and burglarizing his room. The trial court sentenced him as a Range I, standard offender to an effective sentence of six years. Following the denial of his motion for a new trial, he filed a timely appeal to this court, raising the following issues: (1) whether the trial court properly denied his motion for a new trial based on his claim of an improper closing by the State; and (2) whether the trial court properly denied his request for a jury instruction on accessory after the fact. Based on our review, we affirm the judgment of the trial court.

Eddie Coley vs. State - M2001-03130-CCA-R3-PC View
Williamson County - The petitioner, Eddie L. Coley, Jr., was convicted of aggravated robbery in 1996 and sentenced to confinement for twelve years. Following an unsuccessful appeal of his conviction, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for not filing a motion to suppress a photographic lineup and not allowing him to testify at his trial. The post-conviction court denied the petition; and, following our review, we affirm that denial.

State vs. Wendy Stevens - M2001-02464-CCA-R3-CD View
Williamson County - The appellant, Wendy Stevens, pled guilty in the Williamson County Circuit Court to one count of forgery involving a value of more than $500 but less than $1,000, and one count of fraudulent use of a credit card involving a value of more than $500 but less than $1,000, both Class E felonies. The trial court sentenced the appellant to eighteen months incarceration in the Tennessee Department of Correction for each offense, but immediately suspended the sentence in favor of supervised probation. On appeal, the appellant complains that the trial court erred by failing to grant her judicial diversion. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Johnny McClain vs. State - M2001-02713-CCA-R3-PC View
Davidson County - The Appellant, Johnny McClain, appeals as of right from the judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. On appeal, the Appellant argues that he received ineffective assistance of counsel. After review of the record, we find that the Appellant's brief fails to provide any argument in support of the issue as presented. Due to the Appellant's procedural default, the appeal is dismissed.

State vs. Ivan Cummings - M2001-00407-CCA-R3-CD View
Montgomery County - The defendant, Ivan E. Cummings, pled guilty in the Montgomery County Circuit Court to aggravated child abuse, aggravated child neglect, and second degree murder, Class A felonies. The trial court merged the aggravated child abuse and neglect convictions and sentenced the defendant as a Range I, standard offender to twenty-four years in the Tennessee Department of Correction. For the second degree murder conviction, the trial court sentenced the defendant to twenty-five years to be served concurrently with the twenty-four-year sentence. The defendant appeals, claiming that the trial court erroneously applied enhancement factors to his convictions. We affirm the judgments of the trial court.

State vs. David Lackey - M201-01043-CCA-R3-CD View
A Davidson County jury convicted the Defendant of one count of premeditated murder, one count of felony murder during the perpetration of a theft, and one count of misdemeanor theft. The trial court merged the two murder convictions and sentenced the Defendant to life imprisonment in the Tennessee Department of Correction for the murder conviction. The trial court sentenced the Defendant to eleven months and twenty-nine days for the theft conviction and ordered that the sentence run concurrent with the murder sentence. The Defendant now appeals, challenging the sufficiency of the evidence supporting the murder convictions and arguing that the trial court erred in failing to suppress his confession. After review, we affirm the judgments of the trial court.

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Cases posted the week of 09/02/2002
David Michael Long vs. State - E2001-03086-CCA-R3-PC View
McMinn County - The petitioner, David Michael Long, appeals the denial of his petition for post-conviction relief. In this appeal of right, the petitioner asserts that his plea was neither knowingly nor voluntarily made and that he was denied the effective assistance of counsel. The judgment of the trial court is affirmed

State vs. James L. Partin - E2001-02254-CCA-R3-CD View
Claiborne County - Defendant, James L. Partin, was indicted for the offenses of second degree murder, aggravated assault, three counts of felony reckless endangerment, and unlawful possession of a weapon with intent to use it in the commission of felony reckless endangerment. Pursuant to a negotiated plea agreement, defendant pled guilty to voluntary manslaughter, a lesser-included offense of second degree murder, and all other charges were dismissed. The plea agreement further provided that the trial court would determine the length and manner of service of defendant's sentence, with the sole parameter being that he be sentenced as a standard Range I offender. Following a sentencing hearing, the trial court ordered that defendant serve five years in confinement in the Department of Correction. In this appeal, defendant contends that the trial court erred in determining the length and manner of service of his sentence. After a thorough review of the sentencing proceeding, we affirm the judgment of the trial court concerning the length of defendant's sentence. We reverse the trial court's judgment regarding manner of service, however, and order that defendant serve his sentence on split-confinement.

State vs. Donald E. Bryant - E2001-01255-CCA-R3-CD View
Blount County - Following a bench trial, defendant, Donald E. Bryant, was found guilty of two counts of aggravated assault and one count of misdemeanor theft. He was sentenced as a persistent Range III offender to serve twelve years for each aggravated assault, and eleven months and twenty-nine days for the misdemeanor theft; all sentences were ordered to be served concurrently. In this appeal, defendant challenges the sufficiency of the evidence to support the two convictions for aggravated assault. After reviewing the record and the applicable law, we affirm the judgments of the trial court.

State vs. David Saltz - E2001-02422-CCA-R3-CD View
Sullivan County - The defendant pled guilty to three counts of incest and was sentenced as a Range II multiple offender to three concurrent terms of eight years. The defendant appeals the trial court's imposition of various enhancement factors and denial of alternative sentencing. We affirm the trial court's judgment.

Reece Loudermilk vs. State - E2001-03060-CCA-R3-PC View
Sullivan County - This is an appeal from the denial of post-conviction relief. Pursuant to an agreed plea entered in October 1992, the defendant pled nolo contendere to three counts of aggravated rape of his niece, one count of aggravated sexual battery of his niece, one count of aggravated rape of his daughter, and one count of aggravated sexual battery of his daughter for an effective 35-year sentence as a Range I standard offender. Both victims were under thirteen years of age. On appeal, the defendant contends he received ineffective assistance of counsel rendering his plea unknowingly and involuntarily entered. After review, we affirm the judgment of the post-conviction court.

State vs. Daniel Henley - W2001-02962-CCA-R3-CD View
Shelby County - The State of Tennessee appeals from the Shelby County Criminal Court's dismissal of its petition to declare Daniel Henley a motor vehicle habitual offender. Because the lower court erred in its determination that the state failed to prove the existence of three prior, qualifying convictions, we reverse and remand.

State vs. Jerome Sawyer - W2001-01923-CCA-R3-CD View
Shelby County - Convicted by a jury of the Class B felony offense of aggravated sexual battery and sentenced by the trial court to serve an incarcerative Range II sentence of eighteen years, the defendant, Jerome Sawyer, appeals and claims that the evidence insufficiently supports the verdict and that the court erroneously found him to be a Range II offender. We disagree and affirm.

State vs. Ronald Simmons - W2001-02352-CCA-R3-CD View
Shelby County - The defendant pled guilty to sexual battery, a Class E felony, in exchange for a two-year sentence. The trial court sentenced the defendant to ninety days of weekend confinement, suspended the balance of the two-year sentence, and placed the defendant on probation for four years. The defendant appeals his sentence, arguing that the trial court erred in denying his petition for judicial diversion and in sentencing him to ninety days of confinement. After a review of the record, we affirm the judgment of the trial court.

State vs. Reginald Terry - W2001-03027-CCA-RM-CD View
A Shelby County jury convicted the Defendant of attempted aggravated burglary, and this Court affirmed the conviction on direct appeal. The Tennessee Supreme Court remanded the case to this Court solely to consider whether the trial court's failure to instruct on certain lesser-included offenses was "plain error," thus warranting review despite the Defendant's failure to timely file his motion for new trial. On remand, we conclude that the trial court's failure to instruct on the lesser-included offenses in this case was not "plain error." Accordingly, we affirm the judgment of the trial court.

State vs. Deundrick Coble - W2001-00039-CCA-R3-CD View
Obion County - The appellant was convicted of aggravated assault and sentenced to five years in the Tennessee Department of Correction as a standard Range I offender. In this appeal, he raises two issues. First, he maintains that a prior inconsistent statement was improperly used by the prosecution to impeach the testimony of a prosecution witness. Second, he claims the prosecutor made improper remarks during closing argument. We find neither of these alleged errors requires reversal of this case and thus we affirm the judgment of the trial court.

State vs. Larenzo Harris - W2001-02626-CCA-R3-CD View
Carroll County -The defendant was convicted of possession of a Schedule II controlled substance with the intent to manufacture, deliver, or sell, a Class B felony; possession of a Schedule VI controlled substance with the intent to manufacture, deliver, or sell, a Class E felony; and possession of drug paraphernalia, a Class A misdemeanor. Following the denial of his motion for a new trial, he filed a timely appeal to this court, challenging the sufficiency of the evidence in support of his convictions. We affirm the defendant's convictions. However, because the jury assessed, and the trial court imposed, a fine for possession of a Schedule VI controlled substance that exceeds the statutory maximum, we remand the case to the trial court for a new jury to be impaneled to assess an appropriate fine in Count 2 and for entry of a corrected judgment as to the possession of drug paraphernalia conviction in Count 3.

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Cases posted the week of 08/26/2002
State vs. Calvin Hannah - M2001-02717-CCA-R3-CD View
Sumner County - The defendant appeals the revocation of his probation. He argues that the trial court erred in ordering him to serve his original sentence. We affirm the judgment of the trial court.

Steven Murphy vs. State - M2001-00886-CCA-R3-PC View
Davidson County - In 1996, the petitioner, Steven Murphy, was convicted of first degree murder, especially aggravated robbery, and theft over $1,000. He received a sentence of life imprisonment for first degree murder, 25 years for especially aggravated robbery and four years for the theft. The trial court ordered the petitioner to serve his sentences consecutively, resulting in an effective sentence of life plus 29 years. Following a direct appeal to this Court the petitioner's convictions were affirmed, but his sentence for aggravated robbery was modified to 21 years. State v. Adrian Wilkerson and Steven Murphy, No. 01C01-9610-CR-00419 1998 Tenn. Crim. App. LEXIS 891, at *45 (Tenn. Crim. App., at Nashville Aug. 26, 1998). The Tennessee Supreme Court denied permission to appeal on September 18, 2000. The petitioner filed a post-conviction petition on October 30, 2000, which alleged that his trial attorneys were ineffective thereby depriving him of his rights under the Sixth Amendment to the United States Constitution. Following appointment of counsel and a hearing, the trial judge entered an order denying post-conviction relief on March 12, 2001, and the instant appeal followed. After a thorough review of the record we find no error in the trial court's decision. The judgment of the lower court is therefore affirmed.

State vs. Herman Majors, Jr. - M2001-02143-CCA-R3-CD View
Montgomery County - The Appellant, Herman Majors, Jr.,was indicted for attempted aggravated robbery based upon a theory of criminal responsibility for the conduct of another. Tenn. Code Ann. § 39-11-402(2). A Montgomery County jury found Majors guilty of the indicted offense, resulting in a twelve-year sentence as a persistent offender. In this appeal as of right, Majors argues that the trial court erred by failing to instruct the jury as to the lesser offense of facilitation of attempted aggravated robbery, Tennessee Code Annotated § 39-11-403 (1997). After a review of the record, we conclude that the trial court erred in not instructing the jury as to facilitation. Majors' conviction is reversed, and the case is remanded for a new trial.

State vs. Jess Amonette - M2001-02952-CCA-R3-CD View
Williamson County - Jess R. Amonette appeals from the Williamson County Circuit Court's revocation of his probationary sentence. He claims that the lower court exceeded its discretion in revoking probation and ordering him to serve his sentence in confinement. In case number II-100-10, we notice as a matter of plain error that the sentence expired prior to initiation of revocation proceedings. We therefore reverse the revocation order and dismiss revocation proceedings in that case. In case number II-11-100, the record does not reflect the lower court's findings from which we can determine the basis for its ruling, and we therefore remand for further consideration.

State vs. John W. Thompkins, II - M2001-02293-CCA-R3-CD View
Williamson County - The defendant pleaded guilty to aggravated assault, evading arrest, vandalism, reckless endangerment, driving on a revoked license (second offense), and unlawful possession of a weapon. The trial court found him to be a dangerous offender deserving of consecutive sentencing and imposed an effective sentence of seven years. On appeal, the defendant contends that consecutive sentencing was inappropriate and excessive in his case. We affirm the trial court's judgments.

State vs. Grover Dunigan - E2002-00108-CCA-R3-CD View
Hamilton County - The defendant was indicted for first degree murder and convicted by a Hamilton County jury of the lesser-included offense of second degree murder. He was sentenced to 25 years imprisonment. In this appeal, the defendant contends (1) the evidence was insufficient to sustain his conviction; and (2) the trial court improperly limited cross-examination of a state witness regarding bias. After review, we affirm.

State vs. Richard Parker - E2001-00930-CCA-R3-CD View
Sullivan County - The defendant, Richard L. Parker, was indicted for aggravated assault, Class D felony evading arrest, violation of the open container law, speeding, driving under the influence, third offense, and driving on a revoked or suspended license. See Tenn. Code Ann. §§ 39-13-102, 39-16-603, 55-10-416, 55-8-152, 55-10-401, 55-50-504. Because the aggravated assault allegedly occurred in Washington County, that charge was dismissed by the state. The defendant pled guilty to the remaining offenses. The trial court imposed concurrent, Range I sentences of four years for evading arrest, 30 days for violation of the open container law, 30 days for speeding, and six months for driving on a revoked or suspended license. For the third-offense DUI, the trial court imposed a Range I sentence of 11 months, 29 days to be served consecutively. In this appeal of right, the defendant contends that the trial court erred by denying an alternative sentence for the evading arrest conviction. The judgment of the trial court is affirmed.

State vs Tracy Leonard - M2001-00368-CCA-R3-CD View
Montgomery County - The defendant, Tracy Frank Leonard, was convicted of first degree premeditated murder, felony murder, two counts of especially aggravated kidnapping, rape, and theft over $1,000. The trial court merged the convictions for first degree premeditated murder and felony murder and also merged the convictions for especially aggravated kidnapping into a single conviction. The defendant received a life sentence for the first degree murder, twenty-five years for especially aggravated kidnapping, eight years for rape, and two years for theft over $1,000. The trial court ordered that the sentences for especially aggravated kidnapping and rape be served consecutively to the life sentence and consecutively to each other. The sentence for the theft is to be served concurrent with the sentence for rape. The effective sentence is, therefore, life plus thirty-three years. In this appeal as of right, the defendant alleges (1) that the trial court erred by admitting the testimony of several witnesses; (2) that the evidence is insufficient to support his convictions for especially aggravated kidnapping and rape; (3) that the trial court erred by restricting his right to cross-examination of witnesses; (4) that the trial court erred by failing to grant a new trial based on the State's failure to disclose exculpatory evidence; (5) that the trial court erred by failing to grant a mistrial; (6) that the trial erred in its instructions to the jury; (7) that the trial court misapplied certain enhancement factors to his sentences for especially aggravated kidnapping and rape; and (8) that the cumulative effect of the trial court's errors denied him the right to a fair trial. We affirm the convictions and judgments for first degree murder, especially aggravated kidnapping where the victim suffers serious bodily injury, rape, and theft over $1,000. We conclude the sentences imposed were proper. The defendant's conviction for especially aggravated kidnapping accomplished by the use of a deadly weapon is reversed and remanded for a new trial because of the trial court's failure to instruct the jury as to lesser-included offenses.

Leslie Smith vs. State - M2000-02814-CCA-R3-PC View
Davidson County - In this appeal from the denial of post-conviction relief the appellant claims that his convictions for second degree murder and theft of property valued under $10,000 are constitutionally void or voidable because his presence in Tennessee to stand trial was secured by what he claims was a conspiracy on the part of the prosecution to deprive him of his rights under the Interstate Compact on Detainers, Tennessee Code Annotated Section 40-31-101. The appellant, who was originally charged in Tennessee with first degree murder which carries a possible punishment of death, was returned to Tennessee from the Alabama penal system by means of extradition documents and an executive agreement between the governors of Tennessee and Alabama. The appellant also claims that the post-conviction court should have issued subpoenas to certain law enforcement officials in Alabama in order to help him substantiate his claims of conspiracy in his transfer from Alabama to Tennessee, and in order to demonstrate his trial attorney's alleged ineffectiveness in litigating this conspiracy theory on direct appeal.

State vs. Michael Owenby - E2001-02012-CCA-R3-CD View
Sevier County - The Defendant, Michael E. Owenby, appeals as of right from his conviction by a jury of theft of property over $1,000, a Class D felony. He was sentenced to three years as a Range I standard offender, with ninety days to be served in confinement and the balance to be served in the Community Corrections program. He argues as his sole issue on appeal that there was not sufficient evidence presented at trial to support his conviction of theft. We affirm the judgment of the trial court but remand to the trial court for entry of an amended judgment deleting the "day for day" requirement relating to the ninety days of confinement.

State vs. William Smith - E2001-02339-CCA-R3-CD View
Sevier County - The Defendant, William C. Smith, pled guilty to burglary, a class D felony, and theft under $500, a class A misdemeanor. Pursuant to the Defendant's plea agreement, he was sentenced as a Range I standard offender with the sentences to run concurrently. The parties left the length, method, and manner of service to the trial judge's discretion. After a sentencing hearing, the trial court sentenced the Defendant to four years in the Department of Correction for the burglary and a concurrent sentence of 11 months and 29 days at 75% for the misdemeanor theft. The Defendant now appeals as of right. We affirm the judgment of the trial court.

State vs. James Bailey - E2001-02443-CCA-R3-CD View
State vs. James Bailey - E2001-02443-CCA-R3-CD (Dissent) View
Cocke County - The defendant pled guilty to six counts of arson, Class C felonies, and one count of setting fire to personal property, a Class E felony. The trial court ordered an effective sentence of fifteen years incarceration followed by five years of probation. On appeal, the defendant argues: (1) the trial court erred in conducting an independent investigation into pyromania; (2) the length of his individual sentences is excessive; (3) the trial court erred in imposing consecutive sentencing; and (4) the trial court improperly denied alternative sentencing. We modify the defendant's sentences to an effective term of ten years in the Department of Correction.

Shanna Alder vs. State - E2002-00287-CCA-R3-PC View
Knox County - The petitioner appeals the denial of her petition for habeas corpus relief. She contends the trial court was without authority to revoke her judicial diversion after her diversionary probation expired, absent the issuance of a revocation warrant prior to its expiration. She, therefore, argues the trial court was without jurisdiction when it revoked judicial diversion, was consequently without jurisdiction when it sentenced her to additional years of probation, and was without jurisdiction when it subsequently issued a probation revocation warrant. We agree and reverse the denial of habeas corpus relief.

State vs. Richard Vanover - E2001-01671-CCA-R3-CD View
Washington County - Defendant pled guilty to seventeen offenses and was subsequently sentenced to fourteen years in confinement. On appeal, defendant alleges that trial court committed error in (1) applying certain enhancing factors, (2) denying any form of alternative sentencing, and (3) ordering consecutive sentencing. We affirm the judgment.

Kenneth Weston vs. State - E2001-01053-CA-RM-PC View
A Knox County jury convicted the Petitioner of robbery by the use of a deadly weapon. The trial court found the Petitioner to be an habitual criminal and sentenced him to life imprisonment. This Court affirmed both the sentence and verdict on direct appeal. The Petitioner subsequently filed his first petition for post-conviction relief, alleging ineffective assistance of counsel at his trial. The post-conviction court denied relief, but no appeal ensued. The Petitioner then filed a second petition for post-conviction relief, alleging that counsel in his first post-conviction proceeding was ineffective for failing to file an appeal. After a hearing, the post-conviction court dismissed the second petition and ruled that the Petitioner did not have a constitutional right to effective assistance of counsel in a post-conviction proceeding. This Court affirmed. The Tennessee Supreme Court reversed and remanded the case to the post-conviction court for an evidentiary hearing to determine whether the Petitioner received ineffective assistance of counsel at his first post-conviction proceeding and whether, as a result, the Petitioner was effectively denied a first-tier appeal of his first post-conviction petition. Before the hearing, the Petitioner filed an amended petition for post-conviction relief. The post-conviction court heard the amended petition, but found that the issues raised were without merit. On appeal, this Court affirmed the post-conviction court's finding that the Petitioner had been effectively denied a first-tier appeal in the original post-conviction proceedings, but held that the post-conviction court was not authorized to hear the amended petition. The supreme court affirmed this ruling and remanded the case to this Court for a first-tier appeal of the Petitioner's original and unamended petition for post-conviction relief. Having reviewed the record, we conclude that the Petitioner received effective assistance of counsel at trial. Therefore, we affirm the judgment of the post-conviction court.

State vs. John Collins - E2001-01301-CCA-R3-CD View
Knox County - The State challenges the trial court's jurisdiction to modify sentence more than six years after judgment. Generally a trial court would not have jurisdiction to modify a sentence more than 120 days after judgment becomes final. However, we conclude that where the defendant was never in the physical custody of the Department of Correction, jurisdiction to modify sentence remained in the trial court. We affirm the judgment of the trial court.

State vs. Scott Craig - E2001-01528-CCA-R3-CD View
Defendant, Scott Craig, was convicted by a Bradley County jury of one count of aggravated kidnapping and two counts of aggravated rape. He was sentenced to eight years for aggravated kidnapping and fifteen years each for the aggravated rape convictions. The trial court ordered the two aggravated rape convictions to be served concurrently with each other, but consecutively to the aggravated kidnapping conviction, for an effective sentence of twenty-three years. Defendant appeals his conviction and sentence, presenting the following issues for review: (1) whether the trial court made improper and prejudicial comments during the trial which deprived Defendant of his right to a fair trial; and (2) whether the trial court erred by imposing consecutive sentences. After a thorough review of applicable law and all relevant facts and circumstances in the record, we affirm Defendant's convictions. We reverse the judgment of the trial court concerning the length of Defendant's sentence for aggravated rape and the trial court's order of consecutive sentencing, and remand this matter for a new sentencing hearing.

State vs. James Davis - E2001-01656-CCA-R3-CD View
Hamilton County - The defendant, James Michael Davis, was convicted of driving under the influence. The trial court imposed a sentence of 11 months, 29 days, with all but 48 hours suspended. In this appeal of right, the defendant asserts that because the police officers did not have "reasonable suspicion" to warrant an investigatory stop, the trial court erred by denying his motion to suppress. The judgment of the trial court is affirmed.

State vs. William Posey - E2001-02665-CCA-R3-CD View
Hamilton County - The Defendant, William Robert Posey, appeals as of right from the judgment of the trial court, which found him guilty of driving under the influence (DUI) as a third offender. The Defendant raises two central issues on appeal. First, the Defendant argues that the two preceding DUI convictions are invalid on their face and therefore cannot be used to enhance his punishment for the present conviction. Second, the Defendant argues that the trial court committed error by failing to hold a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), to determine whether the Defendant personally waived his right to testify. Because the record is void of any evidence that the Defendant did personally waive his right to testify, we remand the case to the trial court for a hearing to determine whether the Defendant's right to testify was violated, and if so, whether the violation of the Defendant's right to testify was harmless beyond a reasonable doubt.

State vs. Jimmy King - W2001-01690-CCA-R3-CD View
Benton County - Jimmy Lee King stands convicted of the attempted first-degree murder of Billy Dwayne Pace. King received his conviction at the conclusion of a jury trial in the Benton County Circuit Court, and he was sentenced to a 20-year incarcerative term. Claiming that the evidence is insufficient to support the conviction, he has appealed. Because we are unpersuaded, we affirm.

State vs. Wilson Neely - W2001-01327-CCA-R3-CD View
Shelby County - Convicted at a jury trial of first-degree, premeditated murder and presently serving a life sentence, Wilson Neely appeals from the Shelby County Criminal Court. He claims that his conviction is improperly based upon uncorroborated and insufficient testimony of accomplices. Because we disagree, we affirm.

State vs. Michael Taylor - W2001-02744-CCA-R3-CD View
Hardin County - Pursuant to a negotiated plea agreement, the defendant pled guilty to possession of crack cocaine with the intent to resell, distribute or manufacture, possession of marijuana, possession of drug paraphernalia, and four counts of the sale of over .5 grams of crack cocaine. The defendant was sentenced as agreed to nine (9) years for each felony count and eleven months and twenty-nine days for each misdemeanor count. The agreement also provided that all of the sentences would be served concurrently for an effective nine-year sentence. Following a sentencing hearing, the trial court denied alternative sentencing. In this appeal, the defendant challenges the denial of alternative sentencing. We affirm.

State vs. Vernon DeWayne Waller - M2001-02414-CCA-R3-CD View
A Davidson County jury convicted the Appellant, Vernon Dewayne Waller, of sale of a counterfeit controlled substance, a class E felony. The trial court sentenced Waller as a career offender to six years in the Department of Correction. On appeal, Waller presents the following issues for review: (1) Did the trial court err in ruling that if the Defendant chose to testify, his prior felony drug convictions would be admissible to impeach his credibility; (2) Did the trial court err in allowing the State to introduce a substance alleged to be cocaine and a lab report identifying it as such through a witness other than the technician who tested the substance; and (3) Did the trial court err in finding the Defendant was a career offender. After a review of the record, we find that Waller's issues are without merit. Accordingly, the judgment of the trial court is affirmed.

John Earl Scales vs. State - M2001-00310-CCA-R3-PC View
Davidson County - The appellant, John Earl Scales, was convicted by a Davidson County jury of felony murder and attempted aggravated robbery. He was sentenced to life imprisonment for the murder with a concurrent three-year term for the attempted aggravated robbery conviction. On direct appeal this Court affirmed the convictions and sentences. State v. John Earl Scales, No. 01C01-9709-CR-00412 (Tenn. Crim. App., at Nashville Feb. 24, 1999), 1999 Tenn. Crim. App. LEXIS 168, at *28. On November 20, 2000, Scales filed a petition for post-conviction relief. On December 19, 2000, the post-conviction court summarily dismissed the petition. From that dismissal the appellant perfected the instant appeal. We find that the post-conviction court erred in summarily dismissing the appellant's claims regarding the alleged ineffectiveness of his appellate counsel on the grounds of waiver or previous determination. Moreover, we find that the post-conviction court's order indicating that such allegations do not state "colorable claims" does not set forth with sufficient specificity the court's findings with regard to the allegations concerning the alleged ineffectiveness of appellate counsel. We therefore remand this case for entry of an appropriate order in accordance with this opinion.

State vs. Ernest Willie Mays - M2001-02446-CCA-R3-CD View
Dickson County - The defendant, Ernest Willie Mays, pled guilty to sale of cocaine, a Class C felony, and was sentenced as a Range I, standard offender to five years in the Tennessee Department of Correction. He appeals his sentence, arguing that it is excessive and that the trial court erred in (1) refusing to consider that less restrictive measures than incarceration had not been tried unsuccessfully, (2) not applying any mitigating factors, (3) finding that the offense constituted a criminal enterprise, and (4) considering the fact that he had four children out of wedlock. We affirm the sentence imposed by the trial court.

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Cases posted the week of 08/19/2002
Roger Harris vs. State - E2001-00782-CCA-R3-PC View
Unicoi County - Petitioner appeals the trial court's denial of post-conviction relief. On appeal, petitioner alleges (1) ineffective assistance of trial counsel, (2) ineffective assistance of appellate counsel, (3) he was unconstitutionally denied bail, and (4) the indictment against him for first degree murder was unconstitutionally amended. We grant petitioner a delayed appeal, and we stay further proceedings on his remaining post-conviction claims.

State vs. Robert Lewis - E2001-02305-CCA-R3-CD View
Knox County - Defendant, Robert Andrew Lewis, pled guilty to two counts of driving under the influence of an intoxicant, first offense, in the General Sessions Court of Knox County. The trial court imposed concurrent sentences of confinement for 11 months and 29 days, with all but 10 days of the sentences suspended. In addition, the trial court suspended Defendant's driving privileges for one year, and ordered him to pay a fine of $350.00 and attend DUI school. Within one year, a violation of probation warrant was issued, alleging that Defendant was driving on a revoked license, arrested for DUI, and had failed to complete DUI school. The General Sessions Court of Knox County revoked Defendant's probation and reinstated his sentences for both offenses. Defendant appealed to the Criminal Court of Knox County. On the date that his case was to be heard, Defendant's trial counsel did not appear in court. As a result, the criminal court dismissed the appeal for failure to prosecute and affirmed the judgment of the Knox County General Sessions Court revoking Defendant's probation. After a review of the record and applicable law, we reverse the judgment of the criminal court and remand this case for a de novo hearing on the probation revocation warrant.

State vs. Thomas Whaley - E2001-01476-CCA-R3-CD View
The Sevier County Grand Jury returned a two count presentment alleging the defendant committed a vehicular homicide by intoxication for the death of one victim and a vehicular assault by intoxication for the serious bodily injury of another victim. The defendant pled guilty to the amended charges of vehicular homicide by recklessness and aggravated assault by recklessness for agreed concurrent sentences of six years and three years, respectively, with the issue of alternative sentencing to be determined by the trial court. The trial court sentenced the defendant to split confinement and ordered the defendant to serve nine months "day-for-day" in the county jail with the remainder of his six-year effective sentence on supervised probation. In this appeal, the defendant alleges he should have received community corrections, or alternatively, he received excessive confinement. We conclude the trial court improperly ordered the defendant to serve his nine months of confinement "day-for-day," thereby depriving him of the opportunity to earn good conduct credits. We remand for deletion of the day-for-day requirement; however, we affirm the trial court in all other respects.

State vs. Brent Perkins - E2001-01826-CCA-R9-CD View
Sevier County - The defendant, Brent Tod Perkins, was charged with driving under the influence. The trial court determined that the officer had reasonable suspicion to stop the defendant's vehicle, but granted a defense motion to suppress the results of a breathalyser test, concluding that the officer failed to comply with the requirements of State v. Sensing, 843 S.W.2d 412 (Tenn. 1992). Both the state and the defendant were granted an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The investigatory stop was conducted with constitutional safeguards. Because the state failed to establish adherence to the Sensing requirements by a preponderance of the evidence, the order suppressing the results of the breathalyser exam is affirmed.

State vs. Ivan Shirk - E2001-00460-CCA-R3-CD View
The defendant, Ivan Ray Shirk, appeals from the Knox County Criminal Court's denial of his motion to declare void the judgment proclaiming him to be a habitual offender pursuant to the Motor Vehicle Habitual Offenders (MVHO) Act. He contends that the MVHO judgment is void because the trial court improperly entered it nunc pro tunc before entry of the judgments on two of the three qualifying offenses. We affirm the trial court's denial of the defendant's motion to void the MVHO judgment.

State vs. Christopher Brabson - E2001-01730-CCA-R3-CD View
McMinn County - The appellant, Christopher Lynn Brabson, was convicted by a jury in the McMinn County Criminal Court of one count of the sale of .5 grams or more of cocaine, a Class B felony. The jury also assessed a fine of $80,000. Following a sentencing hearing, the trial court imposed a sentence of ten years incarceration in the Tennessee Department of Correction. On appeal, the appellant alleges: (1) the evidence is insufficient to support a verdict of guilt beyond a reasonable doubt, (2) the trial court erred in sentencing, and (3) the jury imposed an excessive fine. We affirm the judgment of the trial court but reduce the fine to $25,000.

Giovanny Morpeau vs. State - M2002-0060-CCA-R3-CO (Rule 20) View

Quinton Stewart vs. State - M2001-01988-CCA-R3-PC View
Rutherford County - The Appellant, Quinton G. Stewart, appeals the Rutherford County Circuit Court's summary dismissal of his petition for post-conviction relief. The post-conviction court found that Stewart's petition was barred by the statute of limitations. Stewart argues that his petition was not time-barred because he was a minor and, thus, "legally disabled" to exercise his rights under the post-conviction statutes. See Tenn. Code Ann. § 28-1-106 (2000). After review, we affirm the judgment of the post-conviction court dismissing the petition.

Clessie Jaco vs. State - M2001-02150-CCA-R3-PC View
Maury County - The Appellant, Clessie T. Jaco, Jr., appeals the Maury County Circuit Court's dismissal of his petition for post-conviction relief. In 1997, Jaco pled guilty to two counts of attempted rape. Following a sentencing hearing, Jaco, a Range I Standard Offender, received two consecutive six-year sentences to be served in the Department of Correction. On appeal, Jaco argues that his guilty plea was involuntary because he was not informed that prior to release on parole he would be required to undergo a mental health evaluation pursuant to Tennessee Code Annotated § 40-35-503(c) (1997). After a review of the record, we find no error. Accordingly, the judgment of the post-conviction court dismissing the petition is affirmed.

Gregory Fuller vs. State - M2001-01271-CCA-R3-PC View
Davidson County - The petitioner, Gregory Fuller, appeals from the Davidson County Criminal Court's denial of his petition for post-conviction relief from his felony cocaine possession conviction and resulting fifteen-year sentence. He contends that the trial court erred in denying relief, claiming that (1) he received the ineffective assistance of counsel and (2) the trial court erred in denying his motion for a continuance. We affirm the judgment of the trial court.

State vs. Ricky Humphrey - E2001-00512-CCA-R3-CD View
Campbell County - On October 19, 2000, the Defendant entered "best interest" guilty pleas to two counts of child abuse and neglect and three counts of indecent exposure. Pursuant to his plea agreement, the Defendant received five sentences of 11 months and 29 days to be served at 75%. The plea agreement apparently contemplated a hearing to determine the manner of service of the sentence. Following a hearing, the trial court ordered the Defendant to serve a split sentence on the first count with three months to be served on county work release and the balance of the sentence to be served on supervised probation. The court ordered each of the remaining sentences to be served on probation and consecutive to the split sentence, for an effective sentence of five years. It is from this order the Defendant now appeals as of right. We affirm the judgment of the trial court.

State vs. Terry Ogle -E2001-02029-CCA-R3-CD View
Blount County - The defendant, Terry DeWayne Ogle, indicted for one count of aggravated assault, was convicted of the lesser included offense of assault. The trial court imposed a sentence of 11 months and 29 days. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment of the trial court is affirmed.

State vs. Jeff Courtney - E2001-01258-CCA-R3-CD View
The Hamblen County Grand Jury indicted the Defendant, Jeff L. Courtney, III, for one count of driving under the influence, per se and for one count of driving under the influence, second offense. A Hamblen County jury convicted the Defendant of driving under the influence, second offense, and the trial court imposed a sentence of eleven months and twenty-nine days. The Defendant now appeals his conviction, arguing that the trial court improperly commented on the evidence at trial, that the trial court improperly instructed the jury, and that the evidence presented at trial was insufficient to support the Defendant's conviction. We conclude that the trial court did not improperly comment on the evidence, that the jury instructions were proper, and that sufficient evidence was presented at trial to support the Defendant's conviction. Therefore, we affirm the judgment of the trial court.

State vs. Chester Smith - E2001-01099-CCA-R3-CD View
A Hamilton County jury found the defendant guilty of DUI, third offense. On appeal, the sole issue is whether the trial court erred in not allowing the defendant to present testimony from a local health department nurse regarding the health department's procedures for storing and transporting blood samples, which are procured by the local health department for reasons unrelated to blood alcohol testing. We affirm the judgment of the trial court.

State vs. Timothy Grimes - M2001-02385-CCA-R3-CD View
Dickson County - Defendant was convicted of criminal trespass and resisting arrest. On appeal, defendant asserts that (1) there was insufficient evidence to sustain the convictions, (2) the trial court's instruction to the jury was error in that it went to the "ultimate issue" of defendant's guilt of criminal trespass, and (3) the trial court abused its discretion in allowing defendant to be impeached with a prior conviction for aggravated assault. We affirm the judgment of the trial court.

State vs. Rusell Maze - M2000-02249-CCA-R3-CD View
A Davidson County grand jury indicted the defendant on one count of class A felony aggravated child abuse. A trial jury subsequently convicted him as charged. For this conviction the trial court sentenced him as a violent offender to serve twenty-one years. He next unsuccessfully pursued a motion for a judgment of acquittal or in the alternative a new trial. Through this appeal the defendant continues to assert that the trial court erred in not properly instructing the jury on lesser-included offenses and by admitting contested medical testimony. While the second contention merits no relief, we must reverse the conviction and remand the matter based upon error in instructing lesser-included offenses.

State vs. Tracey Payne - M2000-02584-CCA-R3-CD View
Davidson County - The defendant was convicted of two counts of rape of a child pursuant to a jury trial. He was charged with a total of four counts of rape of a child, with two counts per indictment. The trial court consolidated these two indictments for trial. However, the trial court dismissed one indictment due to certain improprieties that occurred during the testimony of one of the victims. For the aforementioned convictions, the trial court sentenced the defendant to serve an aggregate sentence of forty years, which was comprised of two consecutive twenty-year sentences. The defendant now brings the instant appeal challenging the sufficiency of the evidence supporting the defendant's conviction, the trial court's decision to consolidate the defendant's two indictments, and the trial court's failure to declare a mistrial at the close of the prosecutor's closing argument. After reviewing the record, we find that the trial court improperly consolidated the two indictments for trial and therefore reverse and remand this case for a new trial.

State vs. Andrew Simpkins - M2001-01737-CCA-R3-CD View
A Montgomery County jury convicted the Defendant of one count of criminal attempt to commit first degree murder and one count of possession of a prohibited weapon. The Defendant now appeals, asserting that the evidence was insufficient to support his convictions. After reviewing the record, we find no error and thus affirm the judgments of the trial court.

Gregory Thompson vs. Ricky Bell - M2001-02460-CCA-OT-CO View
Coffee County - Appellant, Gregory Thompson, was convicted for the first degree murder of Brenda Lane. The murder occurred on January 1, 1985. The jury imposed the death penalty. Our supreme court affirmed the conviction and sentence of death. State v. Thompson, 768 S.W.2d 239 (Tenn. 1989). Appellant subsequently filed a petition for post-conviction relief. The petition was denied by the trial court, and the trial court's denial was subsequently affirmed by our Court. Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). Later, in 2001, Appellant filed a petition for writ of error coram nobis, which the trial court dismissed without an evidentiary hearing because it was filed after expiration of the applicable one-year statute of limitations. This appeal followed. We affirm the judgment of the trial court.

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Cases posted the week of 08/12/2002
State v. Janet Dykes - E2001-01722-CCA-R3-CD View
Washington County - The Defendant, Janet Huffine Dykes, was convicted by a jury of one count of reckless aggravated assault and one count of aggravated child abuse through neglect. The trial court merged the assault conviction into the child abuse conviction and sentenced the Defendant as a Range I standard offender to fifteen years in the Department of Correction. The Defendant now appeals as of right, challenging the sufficiency of the evidence in support of her convictions. We find the evidence is not sufficient to support the Defendant's conviction of aggravated child abuse through neglect and therefore reverse that conviction. We find the evidence sufficient to support the reckless aggravated assault conviction, and affirm that conviction. Because the Defendant was not sentenced for reckless aggravated assault, we remand this case for sentencing on the Defendant's conviction for reckless aggravated assault.

State vs. Steven Brooks - E2001-00920-CCA-R3-CD View
A Knox County jury convicted the Defendant of three counts of rape of a child and of two counts of rape. The trial court sentenced the Defendant to twenty-three years for each rape of a child conviction and to ten years for each rape conviction. All sentences were to be served concurrently, for an effective sentence of twenty-three years. The Defendant now appeals, arguing the following: (1) that the trial court erred by not severing the offenses involving different victims, (2) that the evidence presented at trial was insufficient to convict the Defendant of the charged offenses, and (3) that the cumulative error during the proceedings deprived the Defendant of a fair trial and due process of law. Concluding that the trial court's failure to sever the offenses was error and that the error was not harmless, we reverse the judgments of the trial court, sever the offenses by victim, and remand for new trials.

State vs. Maurice Nash - W2001-01703-CCA-R3-CD View
Tipton County - The Appellant, Maurice Lashaun Nash, appeals his conviction by a Tipton County jury for facilitation of possession of marijuana, a schedule VI controlled substance, with intent to deliver, a class A misdemeanor. On appeal, Nash raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress, and (2) whether the evidence in the record is insufficient as a matter of law to sustain his conviction. After a review of the record, we find plain error in the trial court's instruction to the jury charging the offense of facilitation, as this lesser offense was not fairly raised by the evidence. Accordingly, Nash's conviction is reversed and remanded for a new trial upon the lesser offense of class A simple possession.

Marc Bland v. James Dukes - W2002-00579-CCA-R3-CO View
Lauderdale County - The petitioner, Marc A. Bland, appeals as of right the Lauderdale County Circuit Court's dismissal of his petition for habeas corpus relief. He contends that his judgments of conviction are void due to illegal sentences contained therein. We affirm the trial court's dismissal of the petition.

Robert Goss/Carl Hale v. State - W2001-02504-CCA-R3-PC View
Lauderdale County - The Appellants, Robert Lee Goss and Carl W. Hale, were convicted by a Lauderdale County jury of first-degree murder and aggravated assault. They appeal as of right the judgment of the Lauderdale County Circuit Court denying their petitions for post-conviction relief. On appeal, the Appellants argue that trial counsel were ineffective because they did not pursue a defense of insanity and/or diminished capacity. After review of the record, we find that the Appellants received the effective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

State vs. Perry Singo - M2001-00919-CCA-R3-CD View
Dickson County - The defendant appeals his convictions for four counts of rape of a child and four counts of aggravated sexual battery, for which he received an effective sentence of 50 years, arguing: (1) his confession was involuntary; (2) the evidence was not sufficient to support his convictions; (3) the trial court erred in admitting sexually explicit photographs of the defendant depicting prior bad acts and improperly instructed the jury regarding consideration of the photographs; (4) the trial court improperly admitted defendant's letters and other writings; (5) the trial court improperly allowed a non-qualified witness to testify regarding certain matters; (6) the trial court failed to require the state to elect offenses; (7) the trial court erred in failing to charge the jury on simple assault as a lesser-included offense of aggravated sexual battery; and (8) the trial court erred in its oral response to a question posed by the deliberating jury. The state concedes the evidence is insufficient to support three of the child rape convictions, and we agree. We find no other reversible error. Therefore, we reverse and dismiss these three convictions and affirm all other convictions. We remand to the trial court for a redetermination of concurrent/consecutive sentencing.

Chad Easterly vs. State - E2001-03042-CCA-R3-PC View
Greene County - The Defendant, Chad Daniel Easterly, pled guilty to kidnapping and evading arrest. The plea agreement included an effective eight year sentence as a Range I standard offender. The Defendant subsequently filed a post-conviction petition, alleging that his convictions were the result of ineffective assistance of counsel and prosecutorial misconduct. After a hearing, the trial court denied relief. The Defendant now appeals as of right. We affirm the judgment of the trial court.

State vs. Elmer Cross - E2001-02724-CCA-R3-CD View
Hamilton County - The defendant, Elmer W. Cross, entered pleas of guilt to presenting a fraudulent insurance claim and arson. See Tenn. Code Ann. §§ 39-14-133, 39-14-301. The trial court imposed Range I concurrent sentences of three years, granted probation for 10 years, and ordered restitution to his residential insurer in the amount of $24,752.03. In this appeal of right, the defendant asserts that the insurer is not a "victim" within the meaning of the statutory provisions authorizing restitution. See Tenn. Code Ann. § 40-35-304; State v. Alford, 970 S.W.2d 944 (Tenn. 1998) (holding that "the victim's insurer cannot be awarded restitution under Tenn. Code Ann. § 40-35-304"). Because the insurer in this case was the actual victim of the crimes, the judgments of the trial court are affirmed.

State vs. James Carroll - W2001-01464-CCA-R3-CD View
Carroll County - The Appellant, James Stacey Carroll, was convicted by a Carroll County jury of the following offenses: (1) violation of the Motor Vehicle Habitual Offenders Act; (2) driving under the influence of an intoxicant, sixth offense; and (3) driving on a revoked license. The trial court sentenced Carroll, as a multiple offender, to four years in the Department of Correction for the habitual offender conviction and to eleven months, twenty-nine days for the DUI conviction. On appeal, Carroll raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support Carroll's convictions for driving while a motor vehicle habitual offender and for driving under the influence of an intoxicant; (2) whether the statutory provisions of Tennessee Code Annotated §§ 55-10-613, -615, -616 of the Motor Vehicle Habitual Offenders Act are unconstitutional; (3) whether the trial court erred by admitting the results of Carroll's blood alcohol test into evidence; (4) whether the trial court erred by allowing Deputy Verner to testify about Carroll's verbal consent to a blood alcohol test; and (5) whether the trial court's scheduling order violated Carroll's procedural and substantive due process rights. After review, we find no error and affirm the judgment of the trial court.

State vs. Russell Epperson - W2001-02579-CCA-R3-PC View
Madison County - The petitioner appeals the denial of his petition for post-conviction relief from his convictions for facilitation of aggravated rape, facilitation of especially aggravated kidnapping, facilitation of especially aggravated robbery, and aggravated burglary, raising three claims: (1) that he was denied the effective assistance of trial counsel; (2) that his guilty plea was involuntary; and (3) that the indictment was fatally defective. We affirm the post-conviction court's denial of the petition.

State vs. Luis Ramon - W2001-00389-CCA-R3-CD View
State vs. Luis Ramon - W2001-00389-CCA-R3-CD (Dissent) View
The Henry County Grand Jury indicted the fifteen-year-old Defendant for first degree murder. The Defendant was tried as an adult and convicted of the charged offense. The trial court sentenced the Defendant to life imprisonment. The Defendant now appeals, arguing that his insanity defense was established by clear and convincing evidence. After a thorough review of the record, we reverse the judgment of conviction, modify the judgment to "Not Guilty by Reason of Insanity," and remand for further proceedings pursuant to Tennessee Code Annotated § 33-7-303.

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Cases posted the week of 08/05/2002
State vs. Anthony Lee Smith - E2001-02333-CCA-R3-CD View
A Hamilton County jury convicted the defendant of burglary and theft under $500. He received consecutive sentences of 10 years as a Range III offender and 11 months and 29 days, respectively. The defendant contends (1) the evidence was insufficient to support his convictions; (2) the trial court erred in allowing the state to present a property receipt into evidence in lieu of coins found in the defendant's possession; (3) the prosecutor made improper remarks during closing argument; and (4) the trial court erred in ordering consecutive sentences. We affirm the judgment of the trial court.

State vs. Jack Bolden - E2001-02846-CCA-R3-CD View
Knox County - The defendant entered a guilty plea to Class D felony forgery and Class D felony theft for an agreed effective six-year sentence with the issue of alternative sentencing to be determined by the trial court. The trial court denied alternative sentencing. On appeal, the defendant contests the denial of community corrections. We affirm.

State vs. Jimmy Byrd - E2001-01955-CCA-R3-CD View
Rhea County - The defendant pled guilty to two counts of Class D felony theft over $1,000 and was sentenced to the community corrections program for an effective period of three years. The trial court subsequently revoked his community corrections sentence and resentenced the defendant to consecutive sentences of four years on each count as a Range I standard offender, for an effective eight-year sentence. On appeal, the defendant contends (1) the proof was insufficient to revoke his community corrections sentence; and (2) the sentence is excessive. We affirm the judgment of the trial court.

State vs. Anthony Gentry, II - E2001-02728-CCA-R3-CD View
Carter County - The defendant entered a negotiated plea of guilty to two counts of sale of schedule II narcotics for agreed concurrent sentences of four years for each count, with the issue of alternative sentencing to be determined by the trial court. The trial court sentenced the defendant to four years incarceration. In this appeal, the defendant contends he should have received alternative sentencing. We affirm.

State vs. Robert Clark - W2001-00921-CCA-R3-CD View
Shelby County - The defendant, Robert S. Clark, was convicted of two counts of robbery. The trial court imposed concurrent four-year sentences. In this appeal of right, the defendant asserts that there was prosecutorial misconduct during voir dire and that the trial court erred by excluding certain expert testimony. Because there is no reversible error, the judgments of the trial court are affirmed.

State vs. Richard Higgs - W2000-02588-CCA-MR3-CD View
A Shelby County jury convicted the Defendant of aggravated robbery and evading arrest. After a hearing, the trial court sentenced the Defendant as a Range I standard offender to eleven years in the Department of Correction for the aggravated robbery conviction, and as a Range III persistent offender to six years in the Department of Correction for the evading arrest conviction. The sentences were ordered to be served consecutively. In this direct appeal, the Defendant contends that the trial court erred in denying his lawyer's motions to withdraw; that the trial court erred in admitting a prior inconsistent statement by a co-defendant; and that the evidence is not sufficient to sustain his convictions. We affirm the judgments of the trial court.

State vs. Gregory Gurley - W2001-02253-CCA-R3-CD View
Madison County - The defendant, Gregory W. Gurley, pursues an appeal of a certified question of law in the wake of his guilty plea and resulting conviction of second-offense driving under the influence (DUI). In his reservation of a certified question for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i), the defendant claims that the trial court erred in denying his motion to suppress the results of an intoximeter test; he posits that the test results are inadmissible because the officer who administered the test failed to comply with the "20-minute" requirement for breath-alcohol testing that was established in State v. Sensing, 843 S.W.2d 412 (Tenn. 1992). Because the record supports the trial court's denial of the suppression motion, we affirm.

State vs. Ronald Purdy - W2001-02868-CCA-R3-CD View
Madison County - The trial court placed the defendant on probation for eight years. As a condition of probation, the defendant was required to complete a one-year drug rehabilitation program. When the defendant violated his probation by failing to complete the program and failing to report to his probation officer upon his discharge from the program, the State filed a probation violation report with the court. After a hearing, the trial court revoked the defendant's probation. The defendant appeals, claiming that the trial court abused its discretion in revoking his probation. We affirm the judgment of the trial court.

State vs. Richard Johnson - W2001-02373-CA-R3-CD View
Lauderdale County - The petitioner, Richard Thomas Johnson, appeals as of right the Lauderdale County Circuit Court's denial of his petition for writ of habeas corpus. He contends that he was illegally arrested and imprisoned after the expiration of his sentence. Because the petitioner is no longer incarcerated, we conclude that the issue is moot and affirm the trial court's denial of the petition.

State vs. Shannon Wood - W2000-01612-CCA-R3-CD View
Benton County - Following a jury trial, the defendant, Shannon Lee Wood, was convicted of the July 4, 1999 aggravated child abuse of his eighteen-month-old stepdaughter, for which he received a 20-year sentence as a violent offender. Now on appeal, the defendant's sole issue is whether the convicting evidence is sufficient to support the conviction. It is, and we affirm.

State vs. Benjamin Brown - W2002-01719-CCA-RM-CD View
Shelby County - This case is before the court upon remand for reconsideration in light of State v. Godsey, 60 S.W.3d 759 (Tenn. 2001). The Appellant was convicted by a Shelby County jury of one count of felony murder committed in perpetration of aggravated child abuse, Tennessee Code Annotated § 39-13-202(a)(2) and one count of aggravated child abuse, Tennessee Code Annotated § 39-15-402.

State vs. Timothy Casterlow - W2001-03112-CCA-R3-CD View
Shelby County - The defendant was convicted by a jury of the offense of rape of a child. He was sentenced to serve a term of 20 years in the Department of Correction. In this appeal he challenges the sufficiency of the convicting evidence and he alleges reversible error resulting from a allegation that prospective trial jurors were told that they could donate their compensation for jury service to the Victims of Crime Compensation Fund. We find the evidence of the defendant's guilt to be more than sufficient to sustain the verdict. Moreover, the defendant has failed to raise by proper proceeding the issue of what the jury was told regarding donating its compensation. We accordingly affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals.

State vs. Johnny Clark - W2001-02856-CCA-R3-PC View
Shelby County - The petitioner appeals as of right from the denial of his petition for post-conviction relief from his conviction for first degree murder, contending that: (1) he was denied the effective assistance of trial counsel; (2) the post-conviction court erred by refusing to admit the affidavit of a deceased potential defense witness into evidence at the post-conviction evidentiary hearing; and (3) the post-conviction court and post-conviction counsel erred by their failure to comply with provisions of the Post-Conviction Procedure Act and Supreme Court Rule 28. We affirm the judgment of the post-conviction court denying the petition for post-conviction relief.

State vs. Shawn Holdaway - M2001-02359-CCA-R3-CD View
Lincoln County - Defendant appeals denial of Community Corrections sentence. We affirm the judgment of the trial court.

State vs. John Goodwin - M2001-00044-CCA-R3-PC View
Sumner County - The petitioner, John L. Goodwin, III, was convicted of attempted rape and aggravated burglary. State v. John L. Goodwin, III, No. 01-C01-9108-CR-00242, 1992 Tenn. Crim. App. LEXIS 859, at *1 (Tenn. Crim. App. at Nashville, Nov. 12, 1992). The petitioner decided to waive his right to a direct appeal of his verdict and filed a post-conviction petition for