State of Tennessee v. Ronnie Edward Sexton
The Defendant, Ronnie Edward Sexton, pled guilty to burglary, a Class E felony, two counts of aggravated assault, a Class C felony, and theft of property valued at less than 500 dollars, a Class A misdemeanor, with sentencing left to the discretion of the trial court. Following a sentencing hearing, the trial court sentenced the defendant as a Range I, standard offender to two years for the burglary conviction, six years for each aggravated assault conviction, and 11 months and 29 days for the misdemeanor theft conviction. The trial court also found the defendant qualified as a dangerous offender and ordered consecutive service of one of the aggravated assault convictions, for a total effective sentence of 12 years. In this appeal as of right, the defendant contends that the trial court erred in its imposition of sentence. The defendant failed to file a timely notice of appeal. Because we discern no reason to waive the timely filing of the notice of appeal, the appeal is dismissed. |
Jefferson | Court of Criminal Appeals | |
Mario Johnson v. State of Tennessee
Aggrieved of the Shelby County Criminal Court's denial of post-conviction relief from his convictions of first degree murder, especially aggravated robbery, and facilitation of first degree murder, the petitioner, Mario Johnson, appeals and claims that his convictions were infirm due to the ineffective assistance of trial counsel. We affirm, however, the order of the criminal court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Eads
The Defendant, Mitchell Darnell Eads, was sentenced as a persistent offender to fourteen years' confinement for possession of contraband in a penal facility, a Class C felony, and to six years' confinement for felony escape, a Class E felony, to be served concurrently to each other and consecutively to the defendant's sentences for six prior convictions. On appeal, the defendant contends that the trial court erred by ordering his sentences to be served consecutively to his prior sentences. We affirm the judgments of the trial court. |
Claiborne | Court of Criminal Appeals | |
James Ivy v. State of Tennessee
The petitioner, James Ivy, appeals from the denial of his petition for writ of error coram nobis. In this appeal, the petitioner contends that he is entitled to coram nobis relief on the basis that his 1996 guilty-pleaded conviction of burglary and his 2000 guilty-pleaded convictions of burglary and vandalism were not voluntarily entered. Because the writ of error coram nobis is not available to a guilty-pleading petitioner and because the petition in this case is time-barred, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leon Goins
The defendant, Leon Goins, was convicted by a Dyer County jury of possession of Schedule II cocaine with intent to sell or deliver, a Class B felony, and was sentenced to a term of twenty-five years in the Department of Correction. On appeal, the defendant has raised the single issue of sufficiency of the evidence. Following review of the record, we affirm the judgment of conviction. |
Dyer | Court of Criminal Appeals | |
David Hearing v. State of Tennessee
The petitioner, David Hearing, appeals the denial of his petition for post-conviction relief wherein he challenged his 2005 guilty-pleaded convictions of felony murder. In this appeal, he contends that he was denied the effective assistance of counsel and that his guilty pleas were not knowingly, voluntarily, and intelligently entered. Because the petitioner failed to establish his claims by clear and convincing evidence, we affirm the judgment of the postconviction court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Jeremy A. Jarvis
Following a jury trial, Defendant, Jeremy A. Jarvis, was found guilty of the second degree murder of Willard Ross, a Class A felony; the attempted second degree murder of Jovan Dixon, a Class B felony; one count of reckless endangerment, a Class E felony; and one count of possession of a weapon with the intent to go armed, a Class A misdemeanor. The trial court sentenced Defendant as a Range I, standard offender, to twenty-five years for his murder conviction, twelve years for his attempted murder conviction, two years for his felony reckless endangerment conviction, and eleven months, twenty-nine days for his misdemeanor conviction. The trial court ordered Defendant to serve his sentence for attempted second degree murder consecutively to his sentence for second degree murder, and the remaining sentences concurrently with each other and with his sentence for second degree murder, for an effective sentence of thirty-seven years. On appeal, Defendant argues that the evidence is insufficient to support his convictions of second degree murder and attempted second degree murder. After a thorough review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Ricky N. Berry
The Defendant, Ricky N. Berry, was convicted after a jury trial in the Hamblen County Criminal Court of driving under the influence (DUI), third offense, a Class A misdemeanor. The trial court sentenced the Defendant to eleven months, twenty-nine days and ordered that the Defendant serve fifty-five percent of his sentence, 200 days, in confinement. On appeal, the Defendant contends that the evidence was insufficient to support his conviction and that his sentence was excessive. We affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Brown, III
The Defendant, Charles Edward Brown, appeals the Hamilton County Criminal Court's order revoking his probation for domestic aggravated assault, a Class C felony, and ordering the remainder of his eight-year sentence into execution. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Montea Wilson (A.K.A. Marcus Floyd) v. State of Tennessee
The petitioner, Montea Wilson, appeals from the Criminal Court of Shelby County's denial in part of his petition for post-conviction relief and simultaneous order of a delayed appeal. After a hearing, the post-conviction court determined that appellate counsel was ineffective in failing to "protect[] the petitioner's right to litigate the trial court's failure to properly instruct the jury on [second degree murder as a lesser included offense of felony murder] by raising that point in the motion for new trial" and granted a delayed appeal. The postconviction court further determined that trial counsel were effective in their representation of petitioner and, at the time of the petitioner's trial, had no obligation to request second degree murder as a lesser included offense to felony murder. In this appeal, the Petitioner argues that the post-conviction court erred by not setting aside his conviction for felony murder and granting a new trial because (1) trial counsel was ineffective for failing to request an instruction on second degree murder and for failing to allege in the motion for new trial that the trial court erred by not instructing the jury on second degree murder as a lesser included offense; and (2) appellate counsel was ineffective for failing to argue on direct appeal that the trial court's failure to instruct the jury on second degree murder as a lesser included offense constituted plain error. For the reasons set forth within this opinion, we reverse the post-conviction court's determination that trial counsel provided effective assistance of counsel, vacate the petitioner's conviction, and remand for a new trial. In regard to the petitioner's delayed appeal, our decision pertaining to trial counsel's performance renders it moot. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Curtis Wix
The defendant, Curtis Wix, appeals the trial court's revocation of his probation and reinstatement of his original sentence, arguing that a sentence of split confinement followed by a return to supervised probation or community corrections would have been more appropriate under the circumstances of his case. Following our review, we affirm the order of the trial court revoking the defendant's probation and reinstating his original sentence. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Carlos Jones
Defendant-Appellant, Carlos Jones, was convicted by a Shelby County Criminal Court jury of voluntary manslaughter and especially aggravated robbery. The trial court sentenced Jones to consecutive sentences of seven years at thirty-five percent for the voluntary manslaughter conviction and thirty-three years at one hundred percent for the especially aggravated robbery conviction, for an effective sentence of forty years in the Tennessee Department of Correction. On appeal, Jones argues that the trial court erred in allowing a witness to testify about out-of-court statements made by a non-testifying co-defendant in violation of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620 (1968). Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James M. Roderick
A Bradley County Criminal Court jury convicted the defendant, James M. Roderick, of rape, a Class B felony, and the trial court imposed a sentence of 10 years' incarceration to be served at 100 percent as a violent offender. On appeal, the defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Chanda Dawn Langston
The Defendant, Chanda Dawn Langston, pled guilty to six counts of forgery between $1,000 and $10,000, a Class D felony, and to one count of theft of property over $60,000, a Class B felony. On August 20, 2009, the defendant was sentenced as a Range I offender to four years' confinement for each of the six forgery convictions and twelve years' confinement for the theft conviction, all to be served concurrently. On appeal, the defendant contends that her sentences are excessive and that the trial court erred in denying her request for alternative sentencing. Although we conclude that the trial court erred in applying one enhancement factor, we hold that the sentence imposed by the trial court is appropriate. The judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Larry J. Patterson
A Davidson County jury convicted the Defendant, Larry J. Patterson, of driving under the influence ("DUI"), first offense, and he was convicted after a bench trial of violation of the implied consent law. The trial court sentenced him to eleven months and twenty-nine days, thirty of which were to be served in jail, and it ordered that the defendant's driver's license be revoked for a period of one year. The defendant appeals, contending: (1) that the vehicle stop that led to his arrest was unlawful; and (2) that the trial court erred when it denied his motion for judgment of acquittal. After a thorough review of the record and applicable authorities, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Cooper
The appellant, Robert Cooper, pled guilty to one count of possession of more than 300 grams of cocaine with the intent to sell and one count of possession of more than 300 grams of cocaine with the intent to deliver. The trial court imposed a total effective sentence of eighteen years in the Tennessee Department of Correction. As a condition of his pleas, the appellant reserved the following certified question of law: Whether the stop of the [appellant] for a minor "cite and release" traffic violation which provided for a fine only, the detention of the [appellant], the placement of the [appellant] in the secured area of the officer's patrol car, the use of a drug dog "run" around the [appellant's] vehicle, and the subsequent search of the [appellant's] vehicle violated the rights of the [appellant] under the federal and state constitutions and, therefore, all evidence resulting from the seizure and search should be suppressed. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua Lee Arp - Concurring
I concur in the results reached in the majority opinion. However, I would affirm the trial court because of the defendant’s failure to include the trial transcript in the record and the attendant presumption that the trial court’s determinations were correct. See State v. Oody, 823 S.W.2d 554 (Tenn. Crim. App. 1991) (holding trial court’s ruling presumed correct in the absence of an adequate record on appeal). The 1989 Sentencing Act, as amended, requires a sentencing court to consider evidence received at the trial. T.C.A. § 40- 35-210(b)(1). Absent the trial transcript, it is impossible for us to do a de novo review of the matters relevant to sentencing.ts of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Joshua Lee Arp
The defendant, Joshua Lee Arp, was convicted by a Sevier County Circuit Court jury of attempted aggravated robbery, a Class C felony; attempted robbery, a Class D felony; and public intoxication, a Class C misdemeanor. He was sentenced as a Range III offender to fifteen years on the attempted aggravated robbery conviction and twelve years on the attempted robbery conviction, to be served concurrently. On appeal, he challenges the sentences imposed by the trial court. After review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Christopher Jarrod Alexander
Appellant, Christopher Jarrod Alexander, was convicted by a Davidson County Jury of robbery. As a result, the trial court sentenced Appellant as a Range II, multiple offender, to a sentence of ten years. After the denial of a motion for new trial, Appellant filed an untimely notice of appeal. The timely filing of the notice of appeal was waived. On appeal, the following issues are presented for our review: (1) whether the evidence was sufficient to convict Appellant of robbery; (2) whether Appellant's sentence is excessive; and (3) whether the trial court erred by refusing to grant an alternative sentence. After a review of the record, we conclude that the evidence supports the conviction and that the trial court properly sentenced Appellant. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Terrance Forrest v. State of Tennessee
The petitioner, Terrance Forrest, appeals the denial of his petition for post-conviction relief wherein he challenged his 2008 guilty-pleaded convictions of three counts of aggravated robbery, three counts of aggravated kidnapping, and aggravated burglary. In this appeal, he contends that he was denied the effective assistance of counsel and that his guilty pleas were not knowingly, voluntarily, and intelligently entered. Because the petitioner has failed to establish his claims by clear and convincing evidence, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Reginald Fowler
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Knox | Court of Criminal Appeals | |
Larry Paul Koffman v. State of Tennessee
The petitioner, Larry Paul Koffman, appeals from the Robertson County Circuit Court's denial of his petition for post-conviction relief. After reviewing his issues, we hold that his first issue has been previously determined and that all other issues are waived, and we affirm the order of the circuit court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Robert M. Linder
The Appellant, Robert M. Linder, filed a motion in the Blount County Circuit Court seeking a reduction in his sentence. The trial court denied the motion. The Appellant filed an appeal contesting the trial court's ruling. In response, the State filed a motion requesting that this court affirm the trial court's ruling pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties' briefs, we conclude that the motion was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Rodney E. Howard
Appellant, Rodney E. Howard, was indicted by the Davidson County Grand Jury for first degree murder. After a jury trial, Appellant was convicted and sentenced to life in prison. After the denial of a motion for new trial, this appeal ensued. Appellant seeks resolution of the following issues on appeal: (1) whether the evidence was sufficient to convict Appellant of first degree murder; and (2) whether the trial court erred by refusing to admit the transcript of the preliminary hearing testimony of a defense witness. After a review of the record, we determine that the evidence was sufficient to convict Appellant of first degree murder. Additionally, we determine Appellant waived the issue regarding the admission of the transcript for failure to move for the introduction of the transcript under the rule of completeness. Moreover, any error with respect tot he transcript was harmless. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Frank Edward Nixon
Appellant, Frank Edward Nixon, Jr., was indicted by the Davidson County Grand Jury for attempted first degree murder. Pursuant to Hicks v. State, 945 S.W.2d 706 (Tenn. 1997); he pled guilty to attempted voluntary manslaughter, a Class D felony, in exchange for a negotiated, out-of-range sentence of eight years as a Range I, standard offender,. The trial court held a sentencing hearing to determine the manner of service of the sentence. After the hearing, the trial court denied alternative sentencing, finding that confinement was necessary: (1) to avoid depreciating the seriousness of the offense; (2) to protect society from Appellant's conduct; and (3) because measures less restrictive than confinement had been unsuccessfully applied to Appellant. Appellant filed a timely notice of appeal. On appeal, Appellant contends that the trial court improperly denied alternative sentencing. After a thorough review, we determine that the trial court properly denied alternative sentencing. Accordingly, the judgment of the trial court is affirmed. However, the matter is remanded to the trial court for entry of a corrected judgment to reflect that Appellant pled guilty to attempted voluntary manslaughter, a Class D felony. |
Davidson | Court of Criminal Appeals |
