COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Nicolas Wayna Johnson
W2022-01041-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted the Appellant, Nicolas Wayna Johnson, of possession
of marijuana with intent to sell or deliver (counts one and two), possession of a firearm
with intent to go armed during the commission of a dangerous felony (counts three and
four), theft of property up to $1,000 (count five), and possession of unlawful drug
paraphernalia (count six). Following a sentencing hearing, the trial court merged counts
one and two and imposed a concurrent sentence of two years. The trial court also merged
counts three and four and imposed a sentence of three years to be served in the Tennessee
Department of Correction. By operation of law, the trial court ordered the concurrent two year
term for counts one and two to be served consecutively to the three-year term in counts
three and four. See Tenn. Code Ann. § 39-17-1324(a), (e)(1), (g)(1). For counts five and
six, the trial court imposed a concurrent term of eleven months and twenty-nine days, to be
served concurrently with all other counts, for an effective sentence of five years in
confinement. The sole issue for our review is whether the trial court abused its discretion
in denying alternative sentencing. Because the Appellant was eligible for probation on the
theft and drug-related offenses, we remand for resentencing.

State of Tennessee v. Taylor Jenkins Littrell
W2022-01433-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Bruce Irwin Griffey

The Appellant, Taylor Jenkins Littrell, appeals the Carroll County Circuit Court’s order
revoking his probation and ordering him to serve the remainder of his four-year sentence
in confinement. The Appellant alleges that the trial court abused its discretion by: (1)
admitting a blood alcohol report in violation of his confrontation rights; and (2) ordering
him to serve the remainder of his sentence in confinement. Finding no reversible error, we
affirm the trial court’s judgment.

State of Tennessee v. Marco Luciano Cianfarani
M2022-01200-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Chancellor Howard W. Wilson

The Defendant, Marco Luciano Cianfarani, was convicted by a Rutherford County Circuit Court jury of aggravated rape, a Class A felony; three counts of aggravated assault, a Class C felony; reckless endangerment with a deadly weapon, a Class E felony; and possession of a weapon by a person with a prior felony conviction, a Class B felony. See T.C.A. §§ 39-13-502(a)(2) (2018) (subsequently amended) (aggravated rape), 39-13-102(a)(1)(A) (2018) (subsequently amended) (aggravated assault), 39-13-103(a) (2018) (subsequently amended) (reckless endangerment), 39-17-1307(b)(1)(A) (2018) (subsequently amended) (weapon possession by a convicted felon). The Defendant was sentenced to serve an effective twenty-year sentence. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his aggravated rape and aggravated assault convictions, (2) the trial court erred in permitting the testimony from a witness of whom the defense received late notice, (3) the trial court erred in allowing evidence of the Defendant’s prior assault of the victim, and (4) the trial court erred in instructing the jurors to continue deliberating after being notified that one juror disagreed with the other eleven. We affirm the judgments of the trial court.

Donald H. Runions v. State of Tennessee
M2022-01347-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James G. Martin, III

The Petitioner, Donald H. Runions, appeals the Lewis County Circuit Court’s denial of his petition for post-conviction relief from his multiple convictions for violation of the Child Protection Act, rape of a child, and aggravated sexual battery. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received the ineffective assistance of trial counsel. The Petitioner argues that trial counsel was ineffective by (1) failing to lodge an objection or move for a continuance due to the Petitioner’s absence from certain pretrial evidentiary hearings; (2) failing to present a sound trial strategy based upon adequate preparation; and (3) failing to allow the Petitioner to testify on his own behalf at trial. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Billy Ray Turner
W2022-01165-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury found Defendant, Billy Ray Turner, guilty of first degree murder, conspiracy to commit first degree murder, and attempted first degree murder. The trial court sentenced him to an effective term of life in prison plus forty-one years. On appeal, Defendant contends: (1) the trial court improperly prevented Defendant from impeaching a witness when it excluded a conversation between the witness and the victim’s ex-wife; (2) the trial court improperly allowed the State to ask a witness leading questions; (3) the trial court erred by allowing a speaking objection by the State; (4) Shelby County was not the proper venue for the attempted first degree murder case; and (5) the evidence was insufficient to sustain Defendant’s convictions. After review, we affirm the judgments of the trial court.

Hershel Wayne Grimes v. State of Tennessee
M2022-01020-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Curtis Smith

A Grundy County jury convicted the Petitioner, Hershel Wayne Grimes, of first degree murder, and the trial court sentenced him to life in prison. This court affirmed his conviction on appeal. State v. Grimes, No. M2000-01531-CCA-R3-CD, 2007 WL 1670188, at *1 (Tenn. Crim. App. June 8, 2007), perm. app. denied (Tenn. Nov. 13, 2007). The Petitioner filed a timely petition for post-conviction relief, which he later amended, that alleged that he had received the ineffective assistance of counsel and that the State had suppressed exculpatory evidence. After a hearing, the post-conviction court denied the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition because: (1) trial counsel was ineffective for not calling as witnesses Steven Groves, Tracy Marie Pressley, Billy Ray Griffith, and Billy Eugene Caldwell; and (2) the State failed to disclose exculpatory information in the form of a letter written by Special Agent Larry Davis to U.S. District Judge Sparks. After review, we affirm the post-conviction court’s judgment.

Andy F. Nunez v. State of Tennessee
M2022-01748-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the Petitioner, Andy F. Nunez, of first degree premeditated murder, felony murder, attempted especially aggravated robbery, and attempted especially aggravated robbery, and the trial court sentenced the Petitioner to life plus five years. The Petitioner appealed, challenging the trial court’s decision to quash subpoenas for information on plea agreements, and this court affirmed the Petitioner’s convictions. State v. Nunez, No. M2019-00473-CCA-R3-CD, 2020 WL 4734916, at *1 (Tenn. Crim. App. Aug. 14, 2020), perm. app. denied (Tenn. Jan. 13, 2021). The Petitioner timely filed a post-conviction petition, alleging that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. Spenser Curtis McGuiggan
M2022-01504-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The defendant, Spenser Curtis McGuiggan, appeals the Marshall County Circuit Court’s order revoking his probation and requiring him to serve in confinement the balance of his six-year sentence for sexual battery of a minor. Discerning no error, we affirm.

State of Tennessee v. Willie Brown
W2022-01188-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Paula L. Skahan

A Shelby County jury convicted the Defendant, Willie Brown, of rape of a child, and the trial court sentenced him to serve twenty-seven years. On appeal, the Defendant argues that the evidence is legally insufficient to support his conviction. He also asserts that (1) the trial court erred in admitting text messages that were not properly authenticated; (2) the State violated Brady v. Maryland, 373 U.S. 83 (1963), when it failed to disclose records related to an investigation of the victim’s mother; and (3) the trial court imposed an excessive sentence. On our review, we respectfully affirm the judgment of the trial court.

State of Tennessee v. Cody Lee Wilson
M2022-00864-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge William R. Goodman, III

The defendant, Cody Lee Wilson, appeals his Robertson County Circuit Court jury convictions of sexual battery, rape, and two counts of incest, challenging the sufficiency of the evidence supporting his convictions. Discerning no error, we affirm.

State of Tennessee v. Zion Robinson
W2022-01460-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Johnson Mitchell

The Shelby County Grand Jury indicted Defendant, Zion Robinson, for rape of a child, a
Class A felony. Pursuant to a negotiated plea agreement, Petitioner entered an open guilty
plea to the substantially reduced offense of sexual battery, a Class E felony. Following a
sentencing hearing, the trial court denied Defendant’s requests for judicial diversion and
probation and sentenced Defendant to serve two years incarcerated. Additionally, the trial
court ordered Defendant to register with the Sex Offender Registry. Defendant appeals,
arguing that the trial court abused its discretion in denying judicial diversion. We conclude
that Defendant has waived appellate review of his sentence by failing to prepare an
adequate record and we therefore affirm the judgment of the trial court. We remand this
case, however, for the entry of a corrected judgment form reflecting the indicted offense of
rape of a child.

Anthony Tremayne Cartwright v. State of Tennessee
M2022-00754-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Anthony Tremayne Cartwright, appeals from the denial of his petition seeking post-conviction relief from his convictions of aggravated assault and domestic assault, for which he received consecutive sentences of fourteen years and eleven months, twenty-nine days, respectively. He alleges that trial counsel’s failure to investigate and present witnesses deprived him of his right to the effective assistance of counsel. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Rico Reed
W2022-01072-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Carolyn Wade Blackett

A Shelby County jury convicted Defendant, Rico Reed, of one count of aggravated sexual
battery. The trial court sentenced Defendant to twenty years in prison. On appeal,
Defendant argues that the evidence was insufficient to support his conviction because there
was no evidence produced at trial that the contact was for sexual arousal or gratification.
After review, we affirm the judgment of the trial court.

State of Tennessee v. Gregory S. Clark
E2022-00667-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Thomas W. Graham

The Defendant, Gregory S. Clark, appeals from his guilty pleaded convictions for
aggravated assault, a Class C felony, and attempted aggravated burglary, a Class D felony.
See TCA §§ 39-13-102 (aggravated assault) (2018) (subsequently amended), -14-403
(aggravated burglary) (2018) (subsequently repealed and replaced by T.C.A. § 39-13-1003
(Supp. 2021)). The Defendant agreed to an effective six-year sentence as a Range I
offender, with the manner of service to be determined by the trial court. On appeal, the
Defendant contends that the court erred by denying alternative sentencing. We affirm the
judgments of the trial court.

Kelly Lee Pitts v. State of Tennessee
E2022-01455-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Stacy L. Street

The Petitioner, Kelly Lee Pitts, appeals the dismissal of his petition for post-conviction
relief from his attempted first degree murder and possession of a firearm during the
commission of or attempt to commit a dangerous felony convictions and his effective
forty-eight year sentence. On appeal, the Petitioner contends that (1) the post-conviction
court erred by summarily dismissing the petition after determining it was untimely and
(2) he failed to receive the effective assistance of counsel at trial. We affirm the
judgment of the trial court.

State of Tennessee v. Anthony Carpenter
W2022-01710-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Carolyn W. Blackett

A Shelby County jury convicted the Defendant, Anthony Carpenter, of intentionally
evading arrest in a motor vehicle. The trial court sentenced the Defendant to one year in
confinement. The Defendant appeals, contending that: (1) the trial court erred when it
denied his motion to suppress; (2) the evidence is insufficient to support his conviction; (3)
the trial court erred when it allowed the State to impeach the Defendant with a prior
conviction; (4) the trial court erred when it denied his request to sit at counsel table; and
(5) the trial court erred when it admitted the audio portion of the body camera recordings
of the incident. After review, we affirm the trial court’s judgment.

State of Tennessee v. Timothy Eugene Wells
E2022-00961-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Andrew Freiberg

In 2021, the Defendant, Timothy Eugene Wells, pleaded guilty to sexual assault by an
authority figure, as a Range II offender, in exchange for a sentence of six to ten years with
the manner of service to be determined by the trial court. After a sentencing hearing, the
trial court imposed an effective sentence of eight years of incarceration. On appeal, the
Defendant asserts that the trial court abused its discretion when it ordered him to serve his
sentence in confinement. After review, we affirm the trial court’s judgment.

State of Tennessee v. Joseph Z. Kibodeaux
E2022-01445-CCA-R9-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Andrew Freiberg

We granted this interlocutory appeal to review the trial court’s order denying the State’s
motion to admit the preliminary hearing testimony of one of the victims who had
subsequently, and unrelatedly, been killed, and granting the Defendant’s motion to exclude
said testimony. The Defendant argued that the trial court should exclude the victim’s
former testimony because the State withheld exculpatory information prior to the
preliminary hearing in violation of the Defendant’s rights to confrontation, due process,
and a fair trial. The trial court agreed with the Defendant, and the State appeals. Following
our review, we reverse the trial court’s order and remand the case for further proceedings.

State of Tennessee v. Christopher Alan Peters
E2022-01558-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Andrew Freiberg

Defendant, Christopher Alan Peters, was convicted by a McMinn County jury of
aggravated burglary, and the trial court sentenced him as a Range II offender to ten years
to serve in confinement. On appeal, Defendant argues that there is insufficient evidence to
sustain his conviction because the State presented no evidence that he entered the residence
with the intent to commit a theft. Following our review of the entire record, the briefs of
the parties, and the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Tyrone T. Roach
M2022-01626-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge David D. Wolfe

Defendant, Tyrone T. Roach, entered a nolo contendere plea to one count of sexual battery. The trial court imposed a diverted one-year sentence. As part of the plea, Defendant attempted to reserve a certified question of law under Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the four-year delay between the grand jury presentment on the sexual battery charge and his arrest on the presentment violated his rights to a speedy trial and due process. The State contends that this court lacks jurisdiction to hear an appeal from a diverted sentence. In the alternative, the State argues that Defendant did not reserve the certified question properly, and even if the certified question were reserved, the trial court did not violate his right to a speedy trial. Defendant has not responded to the State’s contention regarding jurisdiction. We conclude we lack jurisdiction to consider Defendant’s appeal. Accordingly, we dismiss the appeal.

State of Tennessee v. Eugene W. Jones
E2023-00155-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Hector Sanchez

Defendant, Eugene W. Jones, appeals the trial court’s order revoking his probationary
sentence for unlawful possession of a firearm by a convicted felon with a previous
conviction for a violent felony and simple possession of marijuana. Following our review
of the entire record and the briefs of the parties, we find no abuse of discretion and affirm
the judgment of the trial court.

State of Tennessee v. Cornell Poe
W2022-01585-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Kyle C. Atkins

A Madison County Grand Jury indicted the defendant, Cornell Poe, for driving on a
revoked license, unlawful use of a license plate, improper registration, and violation of the
financial responsibility law. The defendant filed a suppression motion, arguing the lack of
signage on the one-way street deprived him of due process. The trial court granted the
defendant’s motion, and the State appealed, asserting the defendant’s seizure was
supported by probable cause. Upon our review of the record, arguments of the parties, and
pertinent authorities, we agree with the State, reverse the judgment of the trial court and
remand the case for further proceedings.

State of Tennessee v. Eric Martell Small
W2022-01349-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge A. Blake Neill

The Defendant, Eric Martell Small, was convicted by a Tipton County jury of evading
arrest in a motor vehicle endangering others, a Class D felony; driving while license
revoked, a Class A misdemeanor; violation of the financial responsibility law, a Class C
misdemeanor; and violation of the open container law, a Class C misdemeanor. On appeal,
the Defendant argues that the trial court erred in admitting hearsay testimony and that the
evidence is insufficient to sustain his convictions. Based on our review, we affirm the
judgments of the trial court.

Fred Austin Wortman, III v. State of Tennessee
W2023-00017-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James Jones, Jr.

Petitioner, Fred Auston Wortman, III, appeals the summary dismissal of his petition
seeking post-conviction relief from his 2015 guilty-pleaded conviction for attempted first
degree murder, arguing that the post-conviction court incorrectly concluded that the
Petition was time-barred. After our review of the record, we reverse and remand the case
to the post-conviction court. On remand, the post-conviction court should appoint counsel,
if necessary; provide an opportunity for counsel to amend the Petition; and conduct a
hearing to make findings of fact and conclusions of law relative to due process tolling of
the statute of limitations.

State of Tennessee v. Mario Deshon Murray
M2022-01525-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant, Mario Deshon Murray, pleaded guilty to unlawful possession of a firearm after being convicted of a felony involving violence, and the trial court imposed a sentence of fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing, in misapplying mitigating factors, and in imposing consecutive sentences. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.