State of Tennessee v. Daniel O’Sicky
The Defendant, Daniel O’Sicky, pled guilty to second degree murder, a Class A felony; especially aggravated robbery, a Class A felony; and especially aggravated burglary, a Class B felony, in exchange for concurrent sentencing, with the length of his sentences left to the discretion of the trial court. The trial court sentenced the Defendant to concurrent sentences of 25 years as a violent offender for the Class A felony offenses and 12 years as a Range I, standard offender for the Class B felony offense. In this appeal as of right, the Defendant contends that the trial court erred in setting the length of his sentences. Following our review, we conclude that the Defendant’s conviction for especially aggravated burglary should be modified to reflect a conviction for aggravated burglary, a Class C felony, because his especially aggravated burglary conviction was precluded by Tennessee Code Annotated section 39-14-404(d). Because our modification of the Defendant’s conviction does not affect the Defendant’s sentence length pursuant to the plea agreement, we impose a concurrent sentence of 6 years for the Class C felony conviction. We affirm the judgments of the trial court in all other respects. |
Cocke | Court of Criminal Appeals | |
Milburn L. Edwards v. State of Tennessee
Petitioner, Milburn L. Edwards, was convicted by a Davidson county jury of multiple counts of rape, first degree burglary, aggravated burglary, and one count each of second degree burglary, aggravated rape, assault with intent to commit rape, and robbery. State v. Edwards, 868 S.W.2d 682, 685 (Tenn. Crim. App. 1993) The trial court sentenced Petitioner to an effective sentence of life plus 415 years. Id. On appeal, this Court affirmed Petitioner’s convictions and modified his sentence to an effective sentence of life plus seventy-five years and an additional effective sentence of 120 years. Id. at 705. Subsequently, Petitioner unsuccessfully filed a petition for post-conviction relief and three petitions of writ of habeas corpus relief. See Milburn L. Edwards v. Cherry Lindamood, No. M2009-01132-CCA-MR3- HC, 2010 WL 2134156 (Tenn. Crim. App., at Nashville, May 27, 2010); Milburn L. Edwards v. Cherry Lindamood, No. M2006-01092-CCA-R3-HC, 2007 WL 152233 (Tenn. Crim. App., at Nashville, Jan. 17, 2007), perm. app. denied, (Tenn. Apr. 16, 2007) (affirming the habeas corpus court’s dismissal of the petition for writ of habeas corpus); Milburn L. Edwards v. State, No. M2004-01378-CCA-R3-HC, 2005 WL 544714 (Tenn. Crim. App., at Nashville, Mar. 7, 2005), perm. app. denied, (Tenn. Aug. 29, 2005) (affirming the habeas corpus court’s dismissal of the petition for writ of habeas corpus); Milburn L. Edwards v. State, No. M2002-02124-CCA-R3-PC, 2003 WL 23014683 (Tenn. Crim. App., at Nashville, Dec. 15, 2003) (affirming the post-conviction court’s denial of the petition for postconviction relief). The subject of this appeal is Petitioner’s fourth petition for writ of habeas corpus in which he argues that the habeas corpus court erred in summarily dismissing his petition based on the State’s argument that the issue of whether Petitioner was properly sentenced under the 1982 Sentencing Act as opposed to the 1989 Sentencing Act was previously determined. Because we have concluded that this issue was previously determined on direct appeal, we affirm the habeas corpus court’s dismissal of the petition.
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Wayne | Court of Criminal Appeals | |
State of Tennessee v. Robert Colin Pelfrey
A Roane County grand jury indicted the Defendant, Robert Colin Pelfrey, for aggravated burglary, a Class C felony, resisting arrest, a Class B misdemeanor, and assault, a Class B misdemeanor. The Defendant pled guilty to the aggravated burglary charge and agreed to a sentence of three years, with the manner of service left to the discretion of the trial court. The remaining counts were dismissed. The trial court sentenced the Defendant as a Range I, standard offender to three years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in denying all forms of alternative sentencing. Following our review, we affirm the Defendant’s sentence for the aggravated burglary conviction. However, we remand the Defendant’s case because the judgment for the resisting arrest count improperly reflects that the Defendant was indicted for evading arrest, a Class E felony. The trial court is directed to correct that judgment in accordance with the indictment. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Sprague
The defendant, Jimmy Sprague, was convicted of failure to appear in court, a Class E felony. He was sentenced as a Range I, standard offender to two years in the Tennessee Department of Correction consecutive to an existing federal sentence. On appeal, he argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court improperly refused to allow the admission of his medical records; and (3) he was improperly sentenced. After careful review, we affirm the judgment of the trial court in all respects. |
Sullivan | Court of Criminal Appeals | |
Robert Earl Cole v. State of Tennessee
Petitioner, Robert Earl Cole, appeals from the trial court’s order dismissing his petition for writ of habeas corpus. After review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. George Washington
Following a jury trial, Defendant, George Washington, was convicted of aggravated vehicular homicide. He was sentenced to serve twenty-five years in the Department of Correction. In this appeal Defendant challenges the sufficiency of the evidence to sustain the conviction and asserts that the sentence is excessive. Following a review of the record and the briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jose Luis Vizcaino-Ramos
The Defendant-Appellant, Jose Luis Vizcaino-Ramos, was convicted by a Hardeman County jury of first degree premeditated murder and sentenced to life with the possibility of parole. On appeal, Vizcaino-Ramos presents the following issues for our review: (1) whether the trial court erred by admitting the testimony of the victim’s son; and (2) whether the evidence was sufficient to support his conviction. Upon review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Shawn Marshall
The defendant, Nicholas Shawn Marshall, stands convicted of rape, a Class B felony. The trial court sentenced him as a Range II, violent offender to fifteen years in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred in admitting hearsay and that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Donnie Lee Sullivan
The defendant, Donnie Lee Sullivan, stands convicted of voluntary manslaughter, a Class C felony. The trial court sentenced him as a Range I, standard offender to four years and nine months in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, the sentence length, and the denial of alternate sentencing. Following our review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Ernest Lee Jennings
A Fayette County jury convicted the Defendant, Ernest Lee Jennings, of sexual exploitation of a minor and three counts of rape of a child, and the trial court sentenced him to an effective sentence of eighty-five years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred when it imposed consecutive sentencing. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Lamar Tyrone Harris
The Defendant, Lamar Tyrone Harris, was charged with tampering with evidence, a Class C felony. Following the denial of his motion to suppress his inculpatory statement following a traffic stop, the Defendant pled guilty as charged. In accordance with the plea agreement, the trial court sentenced the Defendant as a Range I, standard offender to three years, suspended to probation. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law challenging the trial court’s denial of his motion to suppress. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Maurice Edward Carter
The defendant, Maurice Edward Carter, pled guilty in Smith County to one count of aggravated statutory rape and one count of criminal exposure to HIV for an effective sentence of twenty years. Additionally, he pled guilty in Rutherford County to four counts of aggravated sexual exploitation of a minor, two counts of solicitation of sexual exploitation of a minor, one count of statutory rape, and one count of criminal exposure to HIV for an effective sentence of twenty years, to be served concurrently with his Smith County sentences. As a condition of his guilty pleas, the defendant reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure regarding the denial of his motions to suppress the stop and search of his automobile, and his subsequent statement to police and evidence obtained during the execution of search warrants. After review, we conclude that the record supports the findings of the trial courts that the motions to suppress were without merit and that the certified question is not dispositive of the charges against the defendant and, as a result, this court is without jurisdiction to consider the appeal. Accordingly, the appeal is dismissed. |
Smith | Court of Criminal Appeals | |
State of Tennessee v. Salwillel Thomas Fields
In February 2005, a 14-count indictment was returned against the Defendant, Salwillel Thomas Fields. In exchange for concurrent sentencing, the Defendant pled guilty to possession with intent to sell over 300 grams of cocaine, a Class A felony; possession with intent to sell more than one half ounce but less than ten pounds of marijuana, a Class E felony; possession of a machine gun, a Class E felony; and three counts of unlawful possession of a weapon, a Class E felony. The parties agreed to the Defendant’s sentencing range for each of the convictions but left the length of the sentences to the trial court’s discretion. The remaining counts were dismissed. The trial court sentenced the Defendant as a Range II, multiple offender to 38 years for the Class A felony and as a Range III, persistent offender to 5-years for each of the Class E felonies. In this appeal as of right, the Defendant contends that the trial court erred in setting the length of his Class A felony sentence. Following our review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Kevin R. Lewis
A Hamilton County jury convicted the Defendant of aggravated kidnapping, aggravated sexual battery, and aggravated assault. The trial court imposed an effective sentence of twelve years. The Defendant filed a motion for new trial, which the trial court denied. Defendant argues on appeal that he is entitled to unspecified relief because the State displayed his booking photos to the jury during closing arguments. After a thorough review of the record and applicable law, we conclude that the Defendant is not entitled to relief. As such, we affirm the trial court’s judgments. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Steven Chance
The defendant, Steven Chance, pleaded guilty in the Dickson County Circuit Court to one count of driving under the influence of an intoxicant, first offense. Pursuant to the plea agreement, the trial court sentenced the defendant to a term of 11 months and 29 days suspended to probation after the service of 48 hours’ incarceration. The trial court also waived as a condition of probation the defendant’s payment of fines and completion of community service hours. A probation violation warrant issued alleging that the defendant failed to pay the court and probation costs. The trial court revoked the defendant’s probation and extended it for one year to allow the payment of the costs. On appeal, the defendant contends that the trial court lacked authority to extend his probationary term. Discerning no error, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Osayamien Ogbeiwi
The defendant, Osayamien Ogbeiwi, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and was sentenced to life imprisonment. On appeal, he argues that: (1) the trial court erred in denying his request for a continuance so he could obtain a mental evaluation; (2) the trial court erred in denying his motion to suppress; (3) the trial court erred in denying his objections concerning the admission of the store surveillance video; (4) the trial court erred in not requiring the State to develop legally sufficient corpus proof; (5) the trial court erred in overruling his objections to the State’s closing argument; (6) the evidence was insufficient to sustain his conviction; (7) the trial court erred in charging the jury that it must first acquit the defendant before considering lesser offenses; and (8) the trial court erred in charging the jury with an inconsistent verdict form. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Travis Ward v. State of Tennessee
The petitioner, Travis Ward, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel and entered an unknowing and involuntary guilty plea. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Lashawn Bell v. State of Tennessee
The Petitioner, Lashawn Bell, pled guilty to one count of especially aggravated robbery, nine counts of aggravated robbery, and three counts of criminal attempt to commit aggravated robbery, and the trial court sentenced him to an effective sentence of thirty years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, the Petitioner contends he did not knowingly and voluntarily plead guilty. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jim Frederick Hegel
A Sullivan County Criminal Court jury convicted the appellant, Jim Frederick Hegel, of rape of a child and incest. After a sentencing hearing, the trial court ordered that he serve consecutive sentences of nineteen and three years, respectively. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions, (2) the prosecutor made improper comments during voir dire about the victim’s testimony and credibility that may have biased the jury against the appellant, and (3) the trial court improperly ordered consecutive sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Samir Ramon Mejia
After a bench trial, the Sevier County Circuit Court convicted the appellant, Samir Ramon Mejia, of simple possession of a Schedule II controlled substance, a Class A misdemeanor, and sentenced him to eleven months, twenty-nine days to be served as six months in jail and the remainder on supervised probation. On appeal, the appellant contends that the trial court erred by denying his motion to suppress evidence because the arresting officer lacked reasonable suspicion to pat-down the appellant for weapons. Based upon the record and the parties’ briefs, we conclude that the officer lacked reasonable suspicion for the pat-down and reverse the appellant’s conviction. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Mariet L. Patrick
Following a jury trial, the Defendant, Mariet L. Patrick, was convicted of evading arrest in a motor vehicle, a Class E felony, possession of .5 ounces or more of marijuana with intent to sell or deliver, a Class E felony, and possession of .5 grams or more of cocaine with intent to sell or deliver, a Class B felony. See Tenn. Code Ann. §§ 39-16-503, -17-417. In this appeal as of right, the Defendant contends that (1) the trial court erred by denying his motion to suppress evidence discovered during a traffic stop and (2) the evidence was insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Boris Darrell Fry
A Hardin County Circuit Court Jury convicted the appellant, Boris Darrell Fry, of selling .5 grams or more of a substance containing cocaine. The trial court sentenced the appellant as a standard, Range I offender to eight years in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence was insufficient to sustain his conviction and that the trial court erred in denying him probation. Upon review, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. John Eric Garvin, Jr.
In 2007, the Defendant, John Eric Garvin, Jr., pled guilty to reckless aggravated assault, but the trial court suspended the entry of his judgment of conviction and placed the Defendant on judicial diversion for a term of three years. The Defendant subsequently violated the terms of his diverted sentence by, among other things, possessing a Schedule II drug, possession of marijuana with the intent to sell, and driving on a suspended license, second offense. The Defendant pled guilty to each of these offenses and admitted violating the terms of his diversion. The trial court revoked the Defendant’s judicial diversion and imposed a sentence of two years for his reckless aggravated assault conviction. The trial court ordered the Defendant to serve nine additional years for the offenses he committed while on diversion, ordering those sentences to be served consecutively to his two-year sentence for reckless aggravated assault. The trial court ordered the Defendant to serve his total effective sentence of eleven years in the Tennessee Department of Correction. On appeal, the Defendant contends the trial court erred when it denied his request for alternative sentencing. Having reviewed the record and applicable law, we conclude the trial court properly denied alternative sentencing. Accordingly, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Steven Daniel Pack
The Defendant-Appellant, Steven Daniel Pack, pled guilty in the Circuit Court of Coffee County to driving under the influence, third offense, a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor. He was sentenced to eleven months and twentynine days for driving under the influence, third offense, all of which was suspended after service of 180 days in confinement. In regard to the driving on a revoked license conviction, Pack was sentenced to six months, all of which was suspended after service of 60 days in confinement. These sentences were to be served consecutively. Pursuant to Rule 37 of the Tennessee Rules of Criminal Procedure, Pack reserved as a certified question of law whether there was reasonable suspicion to support the stop and detention of the defendant as required by the 4th Amendment of the U.S. Constitution and Article 1 Section 7 of the Tennessee Constitution. Upon review, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Joseph Steele
A Hardin County grand jury indicted the Defendant, Joseph Steele, for rape of a child less than thirteen years of age. The Defendant filed a motion to dismiss the indictment because the State had allegedly lost or destroyed a videotape of the victim’s interview with Michigan Children’s Services. After a hearing, the trial court dismissed the indictment, and the State now appeals the trial court’s dismissal of the indictment. After a thorough review of the record and relevant authorities, we conclude that the trial court erred when it dismissed the Defendant’s indictment without discussing the relevant factors required by State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999). We, therefore, reverse and remand to the trial court to reconsider and make findings of fact regarding whether dismissal of the Defendant’s indictment is appropriate in light of Ferguson. |
Hardin | Court of Criminal Appeals |
