APPELLATE COURT OPINIONS

The defendant, Phillip Michael Cisson, entered pleas of guilt on two counts of burglary and two counts of theft over $1,000. The plea agreement provided for concurrent two-year sentences on each conviction. The single issue presented for review is whether the trial court erroneously denied probation. The judgment is affirmed.

The petitioner appeals the post-conviction court's denial of his petition for post-conviction relief. He claims that he received ineffective assistance of trial counsel because trial counsel failed to call certain witnesses and did not call the petitioner to testify on his own behalf at trial. After review, we affirm the judgment of the post-conviction court denying the petitioner any relief.

The appellant, Ronald W. Byrd, was convicted in the Sullivan County Criminal Court of attempt to commit aggravated kidnapping, aggravated criminal trespass, and resisting arrest. The trial court sentenced the appellant to a total effective sentence of six years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court should have permitted the jury to consider the issue of whether the appellant's conduct was fairly motivated by his desire to make a citizen's arrest; and (2) whether the evidence is sufficient as a matter of law to sustain a conviction of attempted aggravated kidnapping. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The petitioner appeals the post-conviction court's denial of his petition. He claims that he received ineffective assistance of counsel and his plea of guilty was involuntarily entered. After review, we affirm the judgment of the post-conviction court.

The defendant appeals from the trial court's imposition of the maximum sentences within the range. The State agrees that the trial court erred in applying enhancement factor (7). After review, we conclude that neither enhancement factor (7) nor (15) is applicable under these facts. Therefore, the defendant's sentence is modified to the statutorily required sentences of eight years in the Department of Correction at 100 percent for the aggravated sexual battery offense and to three years on each attempted aggravated sexual battery offense.

The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. Specifically, he contends that the trial court denied him an opportunity to have a full and fair hearing on the merits of his claim. After review, we agree with the trial court and affirm the dismissal.

After waiving his right to a trial by jury, the defendant was convicted of possession of marijuana with the intent to sell or deliver. For this offense he received a sentence of two years as a Range I, standard offender. However, the trial court ordered this sentence suspended after the service of thirty days. Through this appeal the defendant alleges that the trial court erred in allowing impeachment evidence to be introduced through Officer Steve Blankenship and that the evidence is insufficient to support his having possessed the marijuana with the intent to sell or deliver it. After reviewing the record, we find that neither of these claims merit reversal and, therefore, affirm the defendant's conviction, but remand for correction of the judgment to reflect the defendant was convicted at a bench trial.

The appellant appeals from the dismissal of his post-conviction petition wherein he attacks the validity of a probation revocation proceeding. After a review of the record we affirm the decision of the trial court.

In this felony drug possession case, the state appeals from the trial court's order suppressing as evidence all items, including marijuana, seized during a search of the defendants' home. It contends that the trial court erred in determining that the affidavit for the search warrant did not establish probable cause to warrant a search. Based upon the record before us, we are constrained to affirm the trial court.

The summary dismissal of the petition for post-conviction relief is affirmed because the petitioner failed to adequately allege ineffective assistance of counsel based upon conflict of interests and the claim of incompetency to stand trial is waived.

Thomas Paul Gagne, Jr. appeals the denial of his petition for post-conviction relief in which he alleged he received the ineffective assistance of counsel in his conviction proceedings, which ultimately caused him to plead guilty rather than take his case to trial. Gagne is serving an effective term of two consecutive life sentences consecutively to a prior twelve-year sentence. His petition involves his convictions upon guilty pleas for crimes of larceny, theft, aggravated burglary and two counts of felony murder. Following an evidentiary hearing, the lower court ruled that Gagne failed to establish his ineffective assistance claim. We hold that he has failed to demonstrate the error of that ruling, and we therefore affirm the lower court's dismissal of the petition.

The defendant was convicted in a jury trial of driving under the influence (DUI), third offense, and of driving on a revoked license. In this appeal, the defendant contends (1) that the stop of his truck was an unreasonable seizure, (2) that the state failed to lay a proper foundation for admission of his breath test results, (3) that the breath test was invalid because it was given when he had tobacco in his mouth, and (4) that his DUI sentence to confinement to be served at one hundred percent is legally impermissible. We affirm the convictions, but we conclude that the defendant is entitled to good conduct credits. Because of discrepancies between the sentencing transcript and the judgments of conviction, we remand the case for review of the sentences and entry of corrected judgments, if necessary.

The appellant, Allan Brooks, appeals from the trial court's denial of his petition for post-conviction relief. The appellant claims that he was denied effective assistance of counsel due to trial counsel's failure to (1) demand a sequestered jury, (2) object to a display used by the prosecution during cross-examination of the appellant, (3) object to the mention of the appellant's first trial, and (4) seek an interlocutory appeal of the trial court's ruling regarding the testimony of Josh Peyton, the victim's six year old son. We find that the appellant received effective assistance of counsel and that his claims to the contrary are without merit. The decision of the trial court is affirmed.

The defendant, John Waymann Orr, appeals from his probation revocation which resulted primarily from his conviction for public intoxication and alcohol abuse. He contends that with his alcohol abuse and mental health problems, he should be receiving treatment and should not be confined in jail. We affirm the trial court.

The defendant was convicted upon his guilty pleas to three counts of unlawfully photographing individuals in violation of their privacy, a Class A misdemeanor, and received concurrent eleven-month-twenty-nine-day sentences to be served in confinement in the county jail. The defendant appeals the trial court's denying him probation of any type. We affirm the denial of probation, but we remand the case for entry of corrected judgments.

The petitioner, Tracy Lamar Belle, Sr., appeals the denial of post-conviction relief contending that his right to due process has been violated by the application of the statute of limitations. Because the notice of appeal was not timely filed and because "the interest of justice" does not require the waiver of a timely notice, this appeal is dismissed. See Tenn. R. App. P. 4(a).