Court of Criminal Appeals Opinions

Format: 02/15/2019
Format: 02/15/2019
State of Tennessee v. Demontre Chavez Brown
M2013-02091-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Lee Russell

In this appeal, the Defendant, Demontre Chavez Brown, challenges his conviction for aggravated robbery, a Class B felony, and subsequent sentence of twelve years’ incarceration. Specifically, he alleges that (1) the evidence was insufficient to support his conviction because the witnesses’ testimonies had material inconsistencies and his co-defendant’s testimony was inadequately corroborated; (2) the trial court improperly allowed his co-defendant to testify because the State did not provide him with sufficient notice of such; and (3) the trial court’s imposition of the maximum sentence was excessive because the Defendant’s record contained mostly petty juvenile offenses. Upon consideration of the record and relevant case law, we affirm the judgment of the trial court.

Bedford County Court of Criminal Appeals 07/30/14
State of Tennessee v. Bobby Charles Farley Jr.
W2013-02055-CCA-R3-CD
Authoring Judge: Special Judge Jeffrey S. Bivins
Trial Court Judge: Judge Donald H. Allen

A jury convicted the Defendant, Bobby Charles Farley, Jr., of driving under the influence (“DUI”); unlawful carrying of a weapon; violating the financial responsibility law; and violating the seatbelt law. After a hearing, the trial court imposed an effective sentence of eleven months, twenty-nine days, to be served in the county jail. In this direct appeal, the Defendant challenges the sufficiency of the evidence underlying his DUI offense and the trial court’s instructions to the jury. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments.

Madison County Court of Criminal Appeals 07/29/14
State of Tennessee v. Burton W. Webb
E2013-02107-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Rebecca J. Stern

The Defendant, Burton W. Webb, pleaded guilty to three counts of reckless aggravated assault, Class D felonies, two counts of vehicular assault, Class D felonies, and driving under the influence (DUI) second offense, a Class A misdemeanor. See T.C.A. §§ 39-13-102, 39-13-106, 55-10-401 (2010). The trial court merged the DUI conviction with the vehicular assault convictions and sentenced the Defendant as a Range I, standard offender to two years for each reckless aggravated assault conviction and to three years for each vehicular assault conviction. The court ordered consecutive service of the vehicular assault convictions, for an effective six-year sentence. On appeal, the Defendant contends that the trial court erred (1) by applying certain enhancement factors to the vehicular assault convictions, (2) by denying alternative sentencing, and (3) by ordering consecutive sentences. Although we conclude that the trial court erroneously applied two enhancement factors, the lengths and the manner of service of the sentences are proper. We also conclude that the trial court erred by failing to state its factual findings underlying its conclusion that consecutive sentences were warranted pursuant to State v. Wilkerson, 905 S.W.2d 933, 938 (Tenn. 1995). We remand the case in order for the court to state its factual findings on the record.

Hamilton County Court of Criminal Appeals 07/29/14
State of Tennessee v. Pedro Ignacio Hernandez
M2013-01321-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Monte Watkins

The defendant, Pedro Ignacio Hernandez, appeals from his Davidson County Criminal Court jury convictions of three counts of rape of a child, one count of attempted rape of a child, and five counts of aggravated sexual battery, claiming that the trial court erred by deeming him competent to stand trial; that the trial court erred by denying a motion to suppress his pretrial statement to police; that the trial court erred by denying a motion to suppress the results of DNA testing conducted using DNA that was unconstitutionally obtained; that the trial court erred by allowing the State to present evidence that the defendant displayed a photograph of his genitalia to the victim; that the evidence was insufficient to support two of the defendant’s convictions of rape of a child; that dual convictions of rape of a child in count one and aggravated sexual battery in count twelve were prohibited by principles of due process; and that the trial court erred by imposing consecutive sentences and by sentencing the defendant as a Range II offender.  Because the trial court erroneously imposed a Range II sentence for the defendant’s convictions of rape of a child in violation of constitutional ex post facto protections, the sentence for each conviction of rape of a child is modified from a sentence of 28 years to a sentence of 25 years.  The judgments of the trial court are affirmed in all other respects.

Davidson County Court of Criminal Appeals 07/29/14
Milton L. Kirk Jr. v. State of Tennessee
W2013-00544-CCA-R3-PC
Authoring Judge: Special Judge Jeffrey S. Bivins
Trial Court Judge: Senior Judge Don R. Ash

Milton L. Kirk, Jr., (“the Petitioner”) was convicted by a jury of sale of .5 grams or more of cocaine. The Petitioner then pleaded guilty to tampering with evidence and possession with intent to sell or deliver cocaine. The trial court sentenced the Petitioner to an effective sentence of sixteen years’ incarceration. The Petitioner subsequently filed for postconviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he received ineffective assistance of counsel at trial and that his guilty plea was constitutionally invalid. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Dyer County Court of Criminal Appeals 07/29/14
State of Tennessee v. Norman Branch
W2013-00964-CCA-R3-CD
Authoring Judge: Special Judge Jeffrey S. Bivins
Trial Court Judge: Judge Paula Skahan

A jury convicted the Defendant, Norman Branch, of theft of $500 or less and intentionally evading arrest in a motor vehicle. After a hearing, the trial court imposed an effective sentence of six years, eleven months, and twenty-nine days, to be served in the workhouse. In this direct appeal, the Defendant contends the following: (1) the trial court erred in allowing him to be impeached with twelve prior convictions; (2) the trial court erred in excluding certain of his testimony as inadmissible hearsay; (3) the evidence was not sufficient to support his evading arrest conviction; (4) the trial court provided an improper jury instruction on the evading arrest charge; (5) the trial court erred in sentencing him as a career offender; and (6) cumulative error entitles him to a new trial. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments.

Shelby County Court of Criminal Appeals 07/28/14
State of Tennessee v. Michael Anthony Skettini
E2013-02780-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge David R. Duggan

The Defendant, Michael Anthony Skettini, appeals as of right from the Blount County Circuit Court’s revocation of his probation and order of confinement for one year. The Defendant contends that the trial court abused its discretion in revoking his probation based upon the “limited evidence” of driving under the influence (DUI) presented at the revocation hearing and that a “lesser period of split confinement . . . would have been more reasonable” under the circumstances. Following our review, we affirm the trial court’s revocation of the Defendant’s probationary sentences and order of confinement.

Blount County Court of Criminal Appeals 07/28/14
State of Tennessee v. Charles Sharp
W2013-00330-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James Lammey

Defendant, Charles Sharp, was originally indicted for one count of especially aggravated sexual exploitation of a minor, four counts of rape, one count of sexual battery by an authority figure, one count of statutory rape, and one count of vandalism under $500. Defendant was acquitted of all charges except especially aggravated sexual exploitation of a minor, on which the jury was hung. See State v. Sharp, 327 S.W.3d 704, 708 (Tenn. Crim. App. 2010). Defendant was tried again on the charge of especially aggravated sexual exploitation of a minor and convicted. Id. This court reversed Defendant’s conviction and remanded for a new trial based on the State’s having read a witness’s testimony from a prior trial into evidence without having shown the witness’s unavailability. Id. at 709-712. Defendant was tried twice more on the charge of especially aggravated sexual exploitation of a minor, and the juries were unable to reach a verdict. In the case sub judice, Defendant was tried and convicted again on the same charge and sentenced to 12 years of incarceration. Defendant now appeals his conviction and sentence and asserts the following: 1) the trial court erred by not dismissing the indictment pursuant to our supreme court’s holding in State v. Witt, 572 S.W.2d 913, 917 (Tenn. 1978); 2) the trial court erred by allowing into evidence testimony of prior bad acts; and 3) the trial court’s imposition of a 12-year sentence was presumptively vindictive. After a careful review of the record and the briefs of the parties, we affirm Defendant’s conviction; however, we conclude that Defendant’s sentence violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), and therefore, we modify Defendant’s sentence from twelve years to ten years.

Shelby County Court of Criminal Appeals 07/28/14
State of Tennessee v. Davarius Datron Smith
W2013-01735-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joe H. Walker III

The defendant, Davarius Datron Smith, was convicted of two counts of attempted second degree murder, a Class B felony; employment of a firearm during the commission of a dangerous felony, a Class C felony; and reckless endangerment, a Class E felony. He was sentenced by the trial court to an effective eighteen-year sentence. On appeal, the defendant argues that he was entitled to a mistrial because the State failed to produce notes taken by an investigator, made improper closing arguments, and asked leading questions of its witnesses; the trial court failed to instruct the jury regarding the State’s duty to preserve evidence and of a lesser-included offense of the indicted charges; and the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Lauderdale County Court of Criminal Appeals 07/28/14
State of Tennessee v. Jedarrius Isabell
W2013-00435-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge W. Otis Higgs Jr.

The defendant, Jedarrius Isabell, was convicted by a Shelby County Criminal Court jury of attempted first degree murder, a Class A felony; aggravated assault, a Class C felony; three counts of reckless endangerment with a deadly weapon, Class E felonies; and employment of a firearm during the commission of a dangerous felony, a Class C felony, and was sentenced to an effective term of twenty-six years in the Department of Correction. On appeal, he argues that: (1) the jury was exposed to extraneous prejudicial information and outside influence; (2) the trial court improperly communicated with a deliberating jury outside the presence of the defendant and counsel; (3) the failure to name the predicate felony in the indictment for employment of a firearm during the commission of a dangerous felony voids the conviction; (4) felony reckless endangerment is not a lesser-included offense of aggravated assault as charged in Counts 3 and 4 of the indictment; (5) double jeopardy bars his convictions for felony reckless endangerment in Counts 3, 4, and 5; (6) the trial court erred in failing to define “recklessly” in its jury instructions; and (7) the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 07/28/14
STATE OF TENNESSEE v. TIMOTHY HOWARD CUNNINGHAM
M2013-2844-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County Criminal Court Jury convicted the appellant, Timothy Howard Cunningham, of reckless endangerment by use of a deadly weapon, namely a motor vehicle. The trial court sentenced him to four years in the Tennessee Department of Correction.  On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court.
 

Davidson County Court of Criminal Appeals 07/25/14
State of Tennessee v. Robert Lee Driskell
E2013-01783-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge David R. Duggan

Robert Lee Driskill (“the Defendant”) pleaded guilty to one count of driving under the influence (“DUI”) and one count of violating the implied consent law. Pursuant to the Defendant’s plea agreement, the trial court sentenced the Defendant to eleven months, twenty-nine days’ incarceration, to be suspended on supervised probation after the service of forty-eight hours’ confinement. In conjunction with his guilty plea, the Defendant reserved the following certified question of law: “Whether the officer’s conduct violated the Defendant’s rights under Article I, Section 7 or the Fourth Amendment when the officer through activating blue lights caused the Defendant to stop his moving vehicle and encounter the officer.” Upon our thorough review of the record and applicable law, we hold that the Defendant is entitled to no relief. Accordingly, we affirm the judgments of the trial court.

Blount County Court of Criminal Appeals 07/24/14
STEVEN JAMES MCCAIN v. STATE OF TENNESSEE
M2013-00992-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Steven James McCain, appeals the denial of his petition for post-conviction relief from his 1998 Davidson County Criminal Court jury convictions of two counts of first degree premeditated murder, claiming that the State withheld material evidence at trial and that he was denied the effective assistance of counsel at trial.  Discerning no error, we affirm.

Davidson County Court of Criminal Appeals 07/23/14
State of Tennessee v. Jawaune Massey
E2013-01047-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bvins
Trial Court Judge: Judge R. Jerry Beck

Jawaune Massey (“the Defendant”) was convicted by a jury of one count of first degree premeditated murder and one count of first degree felony murder as to victim Nolan; one count of first degree premeditated murder and one count of first degree felony murder as to victim Alexander; one count of especially aggravated robbery; one count of criminal conspiracy to commit aggravated robbery; one count of criminal conspiracy to possess more than 26 grams of cocaine with the intent to sell or deliver; one count of possessing more than 26 grams of cocaine for resale; and one count of maintaining a dwelling where controlled substances are used or sold. For these crimes, the Defendant was sentenced to serve an effective term of two consecutive life sentences. In these consolidated appeals, the Defendant contends that the evidence was not sufficient to support his convictions. He also contends that the trial court (1) erred in consolidating offenses; (2) should have conducted a hearing to determine if a “stun belt” was a necessary restraint of the Defendant during trial; (3) should have instructed the jury that several witnesses were accomplices as a matter of law; and (4) should not have run his life sentences consecutively. Upon our thorough review of the record and applicable law, we reverse on grounds of insufficient evidence the Defendant’s conviction of criminal conspiracy to possess more than 26 grams of cocaine with intent to sell or deliver and his conviction of maintaining a dwelling where controlled substances are used or sold. We affirm the remaining judgments.

Sullivan County Court of Criminal Appeals 07/23/14
State of Tennessee v. James Joseph Ryan
E2013-02135-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steven Wayne Sword

Following a jury trial in Knox County Criminal Court, Defendant, James Joseph Ryan, was convicted of burglary of a business (an automobile dealership) and theft of property of more than $10,000.00 in value. He was sentenced as a Range II offender to an effective sentence of ten years. In this appeal, Defendant asserts that accomplice testimony was not corroborated, that the trial court erred by not finding a certain witness was an accomplice as a matter of law, and that the trial court erred by ordering Defendant to pay the court costs. After a thorough review we affirm the judgments of the trial court.

Knox County Court of Criminal Appeals 07/22/14
STATE OF TENNESSEE v. TOMMY DALE ADAMS
M2013-01080-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge David Earl Durham

A Wilson County Jury convicted Defendant, Tommy Dale Adams, of first-degree felony murder, second-degree murder, and especially aggravated robbery.  He received concurrent  sentences of life for first degree felony murder, twenty years for second degree murder, and twenty years for especially aggravated robbery. On appeal, Defendant argues: (1) that the trial court erred in admitting a photograph into evidence after finding that its probative value outweighed its prejudicial effect; (2) that the trial court erred in excluding testimony by Dewy Raymond, finding that it was inadmissible hearsay; and (3) that the evidence was insufficient to support his convictions for first degree felony murder, second degree murder, and especially aggravated robbery.  After a thorough review, we remand the matter to the trial court for entry of a corrected judgment to reflect that the convictions of felony murder and second degree murder are merged into one count of felony murder.  In all other respects, we affirm the judgments of the trial court.
 

Wilson County Court of Criminal Appeals 07/21/14
State of Tennessee v. Kevin Lamont French
M2013-01270-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Steve R. Dozier

Appellant, Kevin Lamont French, was convicted by a Davidson County jury of premeditated murder, felony murder, and especially aggravated robbery.  He received life sentences for the murder convictions, and the trial court sentenced him to a concurrent sentence of twenty-one years for his especially aggravated robbery conviction.  On appeal, he argues that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by admitting prior bad act testimony; (3) the trial court erred by admitting a letter purportedly written by appellant; (4) the trial court erred by admitting testimony regarding weapons found in appellant’s home; (5) the assistant district attorney general committed prosecutorial misconduct during closing arguments; and (6) the trial court erred by admitting certain autopsy photographs.  Following our review of the record, the arguments of the parties, and the applicable law, we affirm the judgments of the trial court but remand the case for the trial court to merge the two murder convictions.

Davidson County Court of Criminal Appeals 07/16/14
State of Tennessee v. Wendell Guinn
W2013-01436-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Judge J. Robert Carter Jr.

The Defendant, Wendell Guinn, was indicted for aggravated kidnapping, a Class B felony; rape, a Class B felony; aggravated burglary, a Class C felony; and domestic assault, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-13-111, -13-304, -13-503, -14-403. The State ultimately dismissed the domestic assault charge, and, following a jury trial, the Defendant was acquitted of the aggravated kidnapping and aggravated burglary charges. The jury convicted the Defendant of rape as charged in the indictment. The trial court imposed a sentence of nine years, with two years to be served in confinement and the remainder on probation. On appeal, the Defendant contends (1) that the evidence was insufficient to sustain his conviction; (2) that the trial court improperly admitted hearsay evidence; and (3) that the trial court erred in providing a supplemental instruction to the jury in response to a question from the jury during deliberations. Following our review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 07/15/14
Blake Delaney Tallant v. State of Tennessee
E2013-01827-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Mary Beth Leibowitz

The petitioner, Blake Delaney Tallant, appeals the denial of his petition for post-conviction relief, arguing that he was denied the effective assistance of trial and appellate counsel due to counsel’s failure to properly educate him on the importance of testifying in his own defense, to press the issue of the bill of particulars in the trial court or to raise it as an issue on direct appeal, and to include the jury questionnaires in the record on direct appeal. Following our review, we affirm the denial of the petition.

Knox County Court of Criminal Appeals 07/15/14
State of Tennessee v. Cory Meeks
M2013-02379-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Buddy D. Perry

Defendant, Cory Meeks, appeals the trial court’s revocation of his community corrections sentence and the imposition of a sentence of confinement.  Following our review of the record, we affirm the judgment of the trial court.

Marion County Court of Criminal Appeals 07/14/14
State of Tennessee v. Everett Russ
W2012-00461-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Chris Craft

The Tennessee Supreme Court has remanded this case for reconsideration in light of State v. James Allen Pollard, — S.W.3d —, No. M2011-00332-SC-R11-CD (Tenn. Dec. 20, 2013). See State v. Everett Russ, No. M2012-00461-CCA-R3-CD (Tenn. Crim. App. Dec. 9, 2013), perm. app. granted, case remanded (Tenn. May 15, 2014). Relevant to the current remand, this court concluded in the previous appeal that the trial court erred in imposing consecutive sentences when only one of the statutory aggravating factors applied to the Defendant’s two offenses involving the sexual abuse of a minor. See T.C.A. § 40-35-115(b)(5) (2010). Upon further review, we conclude that the aggravating factors were sufficient to support the trial court’s imposition of consecutive sentences. We affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 07/14/14
State of Tennessee v. Christina Lee Jones Thomas
E2013-01531-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Robert E. Cupp

The Defendant, Christina Lee Jones Thomas, was convicted by a Washington County jury of especially aggravated robbery and especially aggravated kidnapping. Following a sentencing hearing, the trial court imposed concurrent terms of eighteen years at 100% for these convictions. On appeal, the Defendant claims that she had not abandoned her residence as the trial court determined and that, therefore, it was error to deny her motion to suppress the evidence found inside her home obtained without a search warrant. The Defendant also contends that the evidence adduced at trial is insufficient to support her convictions and that the trial court abused its discretion in enhancing the length of her sentences. After reviewing the record, we conclude that trial court did not err in denying the Defendant’s motion to suppress because the Defendant had abandoned the property, that the evidence produced at trial was sufficient to support the Defendant’s convictions, and that the trial court did not abuse its discretion in setting the length of the Defendant’s sentences. Accordingly, the judgments of the trial court are affirmed.

Washington County Court of Criminal Appeals 07/14/14
State of Tennessee v. Keith Collins
W2013-01119-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley Jr.

A Shelby County Criminal Court Jury convicted the appellant, Keith Collins, of conspiracy to possess with intent to sell more than 300 grams of cocaine, a Class A felony, and attempt to possess more than 300 grams of cocaine with intent to sell, a Class B felony. After a sentencing hearing, the trial court sentenced him as a Range II, multiple offender to consecutive sentences of forty and twenty years, respectively. On appeal, the appellant contends that (1) the trial court should have given an accomplice instruction with regard to one of the State’s witnesses; (2) the evidence is insufficient to support the convictions; (3) the trial court improperly allowed a State witness to testify about a bad act pursuant to 404(b), Tennessee Rules of Evidence; (4) he is entitled to a new trial based on a witness’s false testimony; and (5) consecutive sentencing was improper. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 07/14/14
State of Tennessee v. Marvin Roscoe
W2013-01714-CCA-R9-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Paula Skahan

This is a Rule 9, Tennessee Rules of Appellate Procedure, interlocutory appeal by the State of Tennessee of the trial court’s granting in part the defendant’s motion to suppress. On March 1, 2012, the Shelby County Grand Jury returned a two-count indictment charging the defendant, Marvin Roscoe, with DUI and DUI over .08%. The defendant filed a motion to suppress any evidence seized or statements made as a result of his stop and arrest. The trial court entered an order denying in part the defendant’s motion to suppress any evidence pertaining to the initial traffic stop and granting in part the  defendant’s motion to suppress any evidence pertaining to the defendant’s subsequent arrest. The State now appeals, arguing that the trial court erred in granting in part the defendant’s motion to suppress the evidence regarding his subsequent arrest. Based upon our review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

Shelby County Court of Criminal Appeals 07/11/14
State of Tennessee v. Angela M. Greene
E2013-00475-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Amy F. Reedy

The Defendant, Angela M. Greene, was convicted by a McMinn County Circuit Court jury of first degree felony murder in the perpetration of theft, a Class A felony; aggravated assault, a Class C felony; and theft of property valued at $1000 or more but less than $10,000, a Class D felony. See T.C.A. §§ 39-13-202(a)(2) (2010) (first degree murder), 39-13-102 (Supp. 2009) (amended 2010, 2011, 2013) (aggravated assault), 39-14-103 (2010) (theft of property); 39-14-105(3) (2010) (amended 2012) (grading of theft). The trial court sentenced the Defendant to life as a violent offender for the first degree murder conviction, six years as a Range I, standard offender for aggravated assault, and four years as a Range I, standard offender for theft. The aggravated assault and theft sentences were imposed consecutively to each other but concurrently with the life sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support the convictions and (2) the trial court erred in admitting evidence of the victim’s hearsay statements. We affirm the judgments of the trial court.

McMinn County Court of Criminal Appeals 07/10/14