APPELLATE COURT OPINIONS

Petitioner, Lacy L. Austin, appeals from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief related to his convictions for two counts of possession of twenty-six grams or more of methamphetamine with the intent to sell or deliver within 1,000 feet of a school zone; possession of a firearm during the commission of a dangerous felony; possession of a firearm by a person convicted of a felony drug offense; possession of a firearm by a person convicted of a felony involving the use of force or violence; simple possession of marijuana; and possession of drug paraphernalia. Petitioner argues that the post-conviction court erred in denying relief based upon his claims that he received ineffective assistance of trial and appellate counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court.

Defendant, Lonnie K. Cody, appeals the trial court’s order revoking his probationary
sentence for aggravated burglary, vandalism of $1,000 or less, and unauthorized use of a
motor vehicle. Following our review of the entire record and the briefs of the parties, we
affirm the judgment of the trial court.

In 2018, the Defendant, Joey Lasean Scribner, pleaded guilty to possession of 0.5 grams or more of cocaine with the intent to sell, and the trial court sentenced him to ten years to be served on probation.  The Defendant violated his probation, and the trial court reinstated his probation.  In April 2023, the Defendant was stopped by law enforcement for speeding.  Law enforcement determined that he was intoxicated.  After a hearing, the trial court found that the Defendant had again violated his probation and ordered him to serve the balance of his sentence in confinement.  On appeal, the Defendant contends that the trial court failed to place adequate findings in the record to support its decision to fully revoke his probation. After review, we affirm the trial court’s judgment.

In 2015, the Defendant, Ryan Leath, pleaded guilty to theft of property valued over $10,000, and the trial court sentenced him to six years, suspended, and ordered him to supervised probation. In May 2023, the trial court revoked the Defendant’s probation for being arrested for driving under the influence, driving on a revoked license, and harassment. The trial court returned the Defendant to probation, extending it by six years, and ordered him to sign up and attend a mental health treatment program. In October 2023, the Defendant’s probation officer filed an affidavit alleging that the Defendant had not attended the program. The trial court revoked the Defendant’s probation after a hearing, and on appeal, the Defendant contends that the trial court erred when it revoked his probation and ordered him to serve his sentence in confinement. After review, we affirm the trial court’s judgment.

A Knox County jury convicted the Defendant, Sidarius Jackson, of multiple drug, gang,
and gun related felonies, including murder. Before trial, the Defendant filed a motion to
sever his offenses into four separate trials, and the trial granted in part and denied in part
the motion. On appeal, the Defendant contends that: (1) the trial court erred when it denied
his motion to suppress evidence found as the result of a warrantless search; (2) the trial
court erred when it denied his motion to sever the offenses, (3) the State’s gangenhancement
presentment was insufficient; (4) the criminal gang statute was not properly
applied to his conspiracy and unlawful possession of a firearm conviction; (5) the trial court
improperly considered acts he committed while a juvenile during sentencing; and (6) the
evidence presented is insufficient to sustain his conviction for conspiracy to possess with
intent to sell a controlled substance. After review, we affirm the trial court’s judgments.

In 2016, Petitioner, Quincy D. Scott, was convicted by a McMinn County jury of
aggravated robbery, for which he received a sentence of seventeen years’ incarceration as
a Range II, multiple offender at eighty-five percent to be served consecutively to sentences
for convictions in other counties. His conviction was affirmed on direct appeal, and the
Tennessee Supreme Court denied review. Petitioner then sought post-conviction relief,
alleging the ineffective assistance of trial and appellate counsel. Following a bifurcated
hearing only on Petitioner’s appellate counsel claim, the post-conviction court granted a
delayed appeal, finding that Petitioner had received the ineffective assistance of appellate
counsel. A panel of this Court reversed and remanded, concluding that the post-conviction
court had failed to make sufficient findings of fact and conclusions of law. On remand, the
post-conviction court again heard Petitioner’s claims of ineffective assistance of appellate
counsel as well as his trial counsel claims. The post-conviction court denied relief, and
this appeal followed. On appeal, Petitioner asserts that trial counsel ineffectively crossexamined
the State’s witnesses, that trial counsel failed to file motions to suppress several
pieces of evidence, that trial counsel failed to appeal the general sessions court’s bind over
of his charges to the grand jury, that the evidence was insufficient to support his conviction,
that newly discovered evidence proves his actual innocence, and that appellate counsel
failed to file a reply brief on appeal.1 After a thorough review, we affirm the judgment of
the post-conviction court.

In this consolidated appeal, the Defendants, Sanquez Keshawn Jones and Deion Jamaar Glover, appeal their convictions for aggravated kidnapping, aggravated robbery, attempted carjacking, and employing a firearm during the commission of a dangerous felony. For these convictions, both Defendants received an effective sentence of twenty-four years’ incarceration. Relative to Defendant Jones’s appeal, he contends the trial court violated Tennessee Rule of Evidence 404(b)’s general prohibition on propensity evidence by admitting a photograph depicting him possessing a firearm as a juvenile because such behavior is a criminal act. As to Defendant Glover, he first argues the evidence was insufficient to support his convictions because the State’s proof failed to establish his identity as one of the perpetrators of these offenses. He further alleges the trial court erred by admitting a photograph showing him possessing a firearm, arguing this photograph was irrelevant under Tennessee Rule of Evidence 402, unfairly prejudicial under Tennessee Rule of Evidence 403, and propensity evidence violative of Tennessee Rule of Evidence 404(b). Next, Defendant Glover contends he is entitled to plain error relief because his right to confrontation was violated when his cell phone data was extracted by a non-testifying Federal Bureau of Investigation agent and admitted against him at trial. Finally, he challenges the trial court’s imposition of consecutive sentencing based upon the dangerous offender classification of Tennessee Code Annotated section 40-35-115(b). After review, we affirm the judgments of the trial court in all respects.

Following a bench trial on April 8, 2022, Defendant, Tanya Ilic, was found guilty of one count of aggravated child abuse. Defendant was sentenced to sixteen years and six months of confinement at a rate of 100 percent service. On appeal, Defendant contends the evidence is legally insufficient to sustain her conviction. After review, we affirm the judgment of the trial court.

This is an interlocutory appeal from the trial court’s order granting the motions of Defendant, Larry McKay, (“Defendant”) and Shelby County District Attorney General, Steven J. Mulroy, (“DA Mulroy”) to disqualify the Office of Attorney General and Reporter (“Attorney General”) from representing the State during Defendant’s capital error coram nobis proceeding. The trial court concluded that a recently enacted statute, which gave the Attorney General “exclusive control over the [S]tate’s defense of the request for collateral review” in capital cases, see 2023 Tenn. Pub. Acts ch. 182 (“Public Chapter 182”), violated Article VI, § 5 of the Tennessee Constitution. The Attorney General obtained permission from the trial court and this court to file an interlocutory appeal on behalf of the State to address this constitutional issue of first impression. After thoroughly considering the briefs and arguments of the parties and amici curiae, this court concludes that the trial court erred in finding that Public Chapter 182 was unconstitutional. Accordingly, the order of the trial court is reversed, and this case is remanded for further proceedings.

A Hawkins County jury convicted the Defendant, Johnathan James Gilley, of aggravated
assault for which he received a fifteen-year sentence of imprisonment. In this direct appeal,
the sole issue presented for our review is whether the evidence is sufficient to support the
element of serious bodily injury to sustain an aggravated assault conviction. We affirm.

Defendant, Anthony Cornelius Baylis, appeals his Monroe County Circuit Court jury conviction of trafficking a person for a commercial sex act, arguing that the trial court erred in denying his motion for judgment of acquittal; that the trial court erred in affirming his conviction as the thirteenth juror; that the trial court erred by denying his motion to dismiss the indictment for lack of the grand jury foreperson’s signature attesting that witnesses were sworn; that the trial court erred by admitting certain testimony; that the State wrongfully commented on Defendant’s election to not testify; and that the trial court erred by imposing a fully-incarcerative sentence. Discerning no reversible error, we affirm.

Defendant, Antwan Jacques Whitehead, was convicted by a Wilson County jury for second degree murder by unlawful distribution of fentanyl, for which he received a twenty-three year sentence. Defendant appeals, arguing that the trial court erred in admitting certain text messages and that the evidence was insufficient to establish that he knew the substance was fentanyl. After review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. 

The Defendant, Triston Robert Milke, pleaded guilty to aggravated assault, a Class C
felony, in the Cumberland County Criminal Court and was placed on judicial diversion
with a probationary period of three years. See T.C.A. § 39-13-102 (Supp. 2023)
(aggravated assault). The trial court revoked the Defendant’s diversion and entered a
judgment of conviction imposing an effective sentence of three years to be served in
confinement. On appeal, the Defendant contends that the trial court erred by revoking his
judicial diversion and ordering confinement. We affirm the judgment of the trial court.

The defendant, Diann Marie Hicks, appeals the order of the trial court revoking her probation and ordering her to serve the remainder of her ten-year sentence in confinement. Upon our review of the record and the parties’ briefs, we affirm the revocation and disposition of the defendant’s probation.

Petitioner, William McDaniel, appeals the denial of his motion to correct an illegal
sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our
review of the entire record and the briefs of the parties, we affirm the judgment of the trial
court.

A Shelby County jury convicted the Defendant, Johnny Wilkerson, of two counts of aggravated robbery. The trial court imposed twenty-year sentences for each conviction and ordered them to be served consecutively for a total effective sentence of forty years. The Defendant challenged the sufficiency of the evidence to sustain his convictions, and this court affirmed the judgments. State v. Wilkerson, No. W2016-00078-CCA-R3-CD, 2016 WL 6596103, at *1 (Tenn. Crim. App. Nov. 7, 2016), no perm. app. filed. The Defendant sought post-conviction relief, which the post-conviction court denied, and this court affirmed on appeal. Wilkerson v. State, No. W2019-00459-CCA-R3-PC, 2020 WL 506781, at *1 (Tenn. Crim. App. Jan. 30, 2020), no perm. app. filed. Subsequently, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging the imposition of consecutive sentencing. The trial court denied the Defendant’s motion on the grounds that consecutive sentencing was authorized pursuant to statute and therefore the Defendant’s sentence was not illegal. On review, having determined that the Petitioner has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

The Defendant, Steven Lawrence Sabo, appeals from the Claiborne County Criminal
Court’s probation revocation of the eight-year sentence he received for his felony theft
conviction. On appeal, the Defendant contends that the trial court abused its discretion by
(1) revoking his probation and ordering him to serve the remainder of his sentence in
confinement and (2) ordering consecutive service of the revoked sentence with the sentence
for a subsequent attempted aggravated assault conviction. We affirm the judgments of the
trial court.

In 2015, a Shelby County jury convicted the Petitioner, Cordell Ash, of especially aggravated robbery, attempt to commit first degree murder, employing a firearm during the commission of a dangerous felony, and of being a convicted felon in possession of a firearm. The trial court imposed an effective sentence of thirty years in the Tennessee Department of Correction. The Petitioner filed a delayed appeal, and this court affirmed the trial court on appeal. Ash v. State, No. W2019-01172-CCA-R3-PC, 2020 WL 4919798, at *1 (Tenn. Crim. App. Aug. 20, 2020), no perm. app. filed. The Petitioner filed for postconviction relief, alleging ineffective assistance of counsel. After a hearing, the postconviction court denied relief. On appeal, the Petitioner maintains that his attorney was ineffective for failing to investigate possible defenses such as a third-party perpetrator. After review, we affirm the post-conviction court’s judgment.

A Loudon County jury convicted the Defendant, Ronald Matthew Lacy, of theft of property over $60,000. The Defendant, a Kentucky resident, entered into a transaction for the sale of a car with a Tennessee resident, but with the intent not to perform as promised and to misappropriate the money instead. The trial court sentenced him to ten years, which was suspended after service of eleven months and twenty-nine days in confinement. On appeal, the Defendant argues that the evidence was legally insufficient to support his conviction. He also asserts that the trial court lacked territorial jurisdiction and that the case should be addressed as a civil matter. Alternatively, the Defendant contends that he is entitled to a new trial because his trial counsel failed to provide effective assistance. Upon our review, we respectfully affirm the judgment of the trial court.

The Defendant, Johnny Ray Deyton, appeals his Johnson County Criminal Court
convictions of possession of twenty-six (26) grams or more of methamphetamine with
intent to sell or deliver, felony tampering with evidence, and various other misdemeanor
drug and driving related offenses, for which he received an effective sentence of thirteen
years’ imprisonment. Before trial, the Defendant filed a motion to suppress all evidence
derived from the traffic stop which led to his arrest and indictment, arguing that the stop
was an unreasonable warrantless seizure of his person in violation of the Fourth
Amendment to the United States Constitution and Article 1, Section 7 of the Tennessee
Constitution. Following a hearing, the trial court denied the Defendant’s motion and
determined that the traffic stop was supported by reasonable suspicion of reckless driving.
The sole issue presented on appeal is whether the trial court erred in denying his motion to
suppress because the traffic stop was not supported by reasonable suspicion. After review,
we affirm the trial court’s judgment.

Defendant, Andy L. Allman, appeals his convictions for twelve counts of theft and six counts of falsely holding oneself out to be a lawyer in case Nos. 2017-CR-548, 2017-CR-548, and 2017-CR-875 for which he received an effective thirty-five year sentence to be served in confinement.  Multiple counts were either nolle prosequied by the State before trial or dismissed during trial.  On appeal, Defendant argues that (1) the evidence was insufficient to support his convictions; (2) the trial court erroneously charged the jury concerning his charges for falsely holding oneself out the be a lawyer; (3) his sentence is excessive; (4) a portion of the State’s closing argument resulted in plain error; (5) the trial court deprived Defendant of his right to present a defense by excluding evidence; (6) the trial court improperly admitted evidence of the Board of Professional Responsibility’s findings; (7) the trial court abused its discretion by denying Defendant’s motion to exclude evidence; and (8) the cumulative effect of these errors entitle him to a new trial. Following our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court but remand for entry of judgment forms for those counts that were either nolle prosequied by the State before trial or dismissed during trial.

The petitioner, Madaryl Hampton, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

A Hancock County Criminal Court jury convicted the defendant, Ricky Rex Corlew, as
charged of allowing a dog to run at large causing serious bodily injury, a Class E felony.
See Tenn. Code Ann. § 44-8-408(b), (g)(4) (Supp. 2021). Following a sentencing hearing,
the trial court ordered Corlew to serve two years in confinement and to pay the $3000 fine
set by the jury. On appeal, Corlew argues that the evidence is insufficient to sustain his
conviction because it supported his affirmative defense that he exercised reasonable care
in attempting to confine or control his dog. After review, we affirm the judgment of the
trial court.

Defendant, Timothy Dewayne Pinion, was convicted after a jury trial of vehicular homicide
by recklessness, reckless endangerment, two counts of driving under the influence (DUI),
driving with a revoked license, failure to drive on the right side of the roadway, and
violation of the financial responsibility law. For these convictions, Defendant was
sentenced to an effective fourteen years, eleven months, and twenty-nine days in
confinement. On appeal, Defendant argues that his dual convictions for vehicular homicide
by recklessness and reckless endangerment violate principles of double jeopardy. After a
thorough review of the record, we affirm.

A Knox County jury convicted the Defendant, John M. Fletcher, of initiating a false report
to a law enforcement officer and presenting a false or fraudulent insurance claim. The trial
court imposed an effective sentence of four years. On appeal, the Defendant challenges
the legal sufficiency of the evidence supporting his convictions. Upon our review, we hold
that the evidence is legally sufficient to sustain the Defendant’s conviction for presenting
a false or fraudulent insurance claim. However, we also conclude that the evidence is
insufficient to sustain his conviction for initiating a false report, and we vacate that
judgment and remand for dismissal of that charge. We respectfully affirm the judgments
of the trial court in all other respects.