APPELLATE COURT OPINIONS

The appellant, Walter McGill, pled guilty to one count of sexual battery by an authority figure and was sentenced to five years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in failing to grant him full probation, or, in the alternative, split confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Defendant was found guilty of violating the state speeding law by the Fairview City Court and, on appeal, was again found guilty by the Circuit Court of Williamson County. In this appeal, defendant contends he was denied his constitutional right to trial by jury, and the evidence was insufficient to support his conviction. Although we find the evidence sufficient to support the conviction, we conclude defendant was deprived of his right to trial by jury. We reverse and remand for a new trial.

The defendant was convicted by a Davidson County jury of DUI. In this appeal, he alleges the Vehicular Crimes Grand Jury, which was convened in Davidson County to consider only vehicle-related crimes, was illegally empaneled. He further contends the investigatory stop of his automobile was improper. We affirm.

The defendant, Jack Clayton Moberly, Jr., was convicted by a Dickson County Circuit Court jury of aggravated robbery, a Class B felony, conspiracy to commit robbery, a Class D felony, and aggravated assault, a Class C felony. The trial court sentenced him as a Range I, standard offender to concurrent sentences of ten years for the aggravated robbery conviction, two years for the conspiracy to commit robbery conviction, and four years for the aggravated assault conviction. The defendant appeals his aggravated robbery conviction, claiming that the indictment fails to allege that offense. We affirm the judgment of the trial court.

We granted an extraordinary appeal, pursuant to Tennessee Rules of Appellate Procedure 10(a), to consider the Washington County Criminal Court’s denial of the defendant’s ex parte motion seeking funds for expert services, as outlined in Tennessee Supreme Court Rule 13 and the holding in State v. Barnett, 909 S.W.2d 423 (Tenn. 1995). We stayed the trial court’s proceedings pending our consideration of this issue. Upon a thorough review of the record in this case, the briefs of the parties, and the applicable law, we reverse the ruling of the trial court, remand for further proceedings consistent with our opinion, and lift the previously ordered stay so that trial court proceedings may resume.

The defendant, Hamadi G. Haley, was convicted of felony murder, especially aggravated robbery, and aggravated robbery. The trial court imposed a sentence of life with the possibility of parole for the felony murder, 17 years for the especially aggravated robbery, and eight years for the aggravated robbery, with all terms to be served concurrently. In this appeal of right, the defendant claims that he was denied access to material witnesses by the state and that he should have been granted a new trial based on newly discovered evidence. The judgments of the trial court are affirmed.

The defendant appeals his convictions for aggravated burglary and possession of burglary tools. After a review of the record, we conclude that the defendant was not prejudiced by the State’s failure to redact an obscure reference to the defendant’s probation status from an audio taped statement that was played at trial. However, we are unable to find sufficient evidence to establish that the defendant had a hammer and screwdriver in his automobile with the intent to commit burglary. Therefore, the defendant’s conviction for possession of burglary tools, a Class A misdemeanor, is reversed and dismissed. The aggravated burglary conviction is affirmed.

The Appellant, Christopher Campbell, appeals the sentencing decision of the Shelby County Criminal Court following his jury conviction for aggravated robbery. At sentencing, the trial court ordered that Campbell's eight-year sentence in this case be served consecutively to three prior convictions for aggravated robbery. On appeal, Campbell argues that the trial court erred in ordering consecutive sentences. Because the trial court failed to recite any reasons for imposing consecutive sentences as required by Rule 32, Tennessee Rules of Criminal Procedure, we are unable to perform appellate review of the sentencing issue. Accordingly, the case is remanded for determination of consecutive sentencing as provided by Rule 32.

The defendant, Johnny Moffitt, entered a plea of guilt to second degree murder. The trial court imposed a Range I sentence of 10 years. By agreement, the defendant reserved a certified question of law. See Tenn. R. Crim. P. 37. The issue presented in this appeal is whether the trial court should have dismissed the charge due to the loss or destruction of evidence. The judgment is affirmed.