APPELLATE COURT OPINIONS

The appellant, Morris Jason Pepper, was convicted by a jury in the Lincoln County Circuit Court of one count of first degree premeditated murder and was sentenced to life imprisonment. On appeal, the appellant raises the following issues for our review: (1) whether the evidence is sufficient to sustain his conviction; and (2) whether the trial court erred by failing to grant the appellant's motion to suppress. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The defendant appeals the judgment entered by the Circuit Court of Blount County revoking his community corrections sentence. The sole issue on appeal is whether the court abused its discretion in ordering the defendant to serve the remainder of his sentence in the penitentiary. After careful review, we affirm the trial court's judgment.

The defendant pled guilty to one count of theft over $1,000.00 and the trial court sentenced her as a Range I standard offender to three years probation. The defendant appeals from the revocation of her probation, contending that the trial court abused its discretion by ordering her to serve the remainder of her sentence in confinement. Because we conclude that the record supports that trial court's decision to revoke the defendant's probation, we affirm the judgment of the trial court.

The appellant, Terry A. Rogier, by means of an interlocutory appeal seeks review of the trial court's decision affirming the district attorney general's denial of pre-trial diversion. Rogier was indicted by a Madison County Grand Jury for the offenses of reckless endangerment, a class E felony, and reckless driving, a class B misdemeanor. After review, we find that the prosecutor failed to consider all the relevant factors in denying diversion. Accordingly, we reverse the trial court's finding that the prosecutor did not abuse his discretion and remand to the trial court for further proceedings.

The defendant, William A. Tansil, appeals from his conviction for driving under the influence of an intoxicant (DUI), third offense, for which he received a sentence of eleven months, twenty-nine days, with all but one hundred fifty days being suspended. He contends that the trial court erred in finding him to be a third-time offender, arguing that the judgment for one of his prior convictions is void on its face. We affirm the trial court.

he defendant pled guilty to aggravated assault with an agreed four-year sentence, and the manner of service to be determined by the trial court. The trial court denied the defendant any alternative sentence and ordered that the defendant serve his sentence in the Department of Correction. The defendant appeals the trial court's judgment denying him an alternative sentence. After review, we affirm the trial court's judgment.

The appellant, Robert G. Bean, challenges his conviction in the Williamson County Circuit Court of one count of driving under the influence of an intoxicant (DUI), third offense. He presents the following issues for our determination: (1) whether the trial court erred in denying the appellant's challenge for cause of prospective juror Thelma Woodard; (2) whether the trial court erred in denying the appellant's motion to suppress the State's use at trial of the videotape of the traffic stop of the appellant's vehicle; (3) whether the trial court erred in refusing to instruct the jury on adult driving while impaired as a lesser-included offense of driving under the influence; and (4) whether the trial court erred in using the appellant's 1996 conviction of DUI to enhance the appellant's sentence. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court.

Following a bench trial, the defendant was convicted of hindering a secured creditor, a Class E felony. On appeal, the defendant alleges that the evidence is insufficient to support the conviction. After a careful review of the record, we conclude that the evidence is sufficient and affirm the judgment of the trial court.

The issue is how to compute the number of prior offenses available for consideration in determining multiple offender status pursuant to Tennessee Code Annotated section 55-10-403(a)(3). We conclude to compute the number of prior convictions available for consideration, the court must first determine whether the defendant has any prior convictions occurring within ten years of the date of the instant conviction. If so, all prior convictions shall be counted occurring within twenty years of the date of the instant conviction provided no period greater than ten years has elapsed between any two preceding prior convictions. An example is contained in the opinion. We reverse the trial court’s order amending the indictment to charge third offense and reinstate the original indictment charging ninth offense driving under the influence.