APPELLATE COURT OPINIONS

I agree with the majority’s conclusion that there is no basis for invalidating the 1993 award to Wife of Husband’s Air Force retirement -- an award made by the trial court “as a division of marital property.” As a part of an unappealed-from final judgment, the trial court’s division-ofproperty award is not subject to challenge in this proceeding, see Vanatta v. Vanatta, 701 S.W.2d 824, 827 (Tenn. Ct. App. 1985), in the absence of a Tenn. R. Civ. P. 60.02 basis for relief, and I find no such basis in the meager record before us.

In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee’s two confessions. Consequently, we hold that the evidence in this case is sufficient to support a finding of guilt beyond a reasonable doubt. Finally, because the decision to forgo any objection to the hearsay testimony was a deliberate, tactical decision by trial counsel, we are precluded from considering admission of the evidence under a plain error analysis. We reverse the judgment of the Court of Criminal Appeals and reinstate the appellee’s conviction and sentence for aggravated sexual battery.