APPELLATE COURT OPINIONS

The defendant, Anthony L. Moore, moved the trial court, pursuant to Tennessee Rule of Criminal Procedure 36, to correct a clerical error with regard to the reflection of pretrial jail credits on the judgment for his 2000 Madison County Criminal Court jury conviction of aggravated burglary. Discerning no error, we affirm.

A Shelby County jury convicted the Defendant, Jimmy Williams, of aggravated assault. The trial court sentenced the Defendant as a career offender to fifteen years in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court erred in sentencing him as a career offender. After review, we affirm the trial court’s judgment.

Pro se petitioner, Anthony D. Washington, appeals the summary dismissal of his petition for writ of habeas corpus by the Johnson County Criminal Court. In this appeal, the Petitioner makes several claims, all of which are rooted in the duplicitous nature of his indictment. The State asserts that the Petitioner failed to show that his judgment was void. Upon review, we affirm the judgment of the habeas corpus court.

Kwaku Aryel Okraku, the Petitioner, was convicted of two counts of aggravated child neglect and one count of reckless homicide. He received an effective sentence of sixty years. Trial counsel did not file a timely motion for new trial or notice of appeal, and after filing a petition for post-conviction relief, the Petitioner was granted a delayed direct appeal. On direct appeal, this court merged the aggravated child neglect convictions but otherwise affirmed the Petitioner’s convictions. The Petitioner then renewed his petition for post-conviction relief and alleged that trial counsel’s performance was deficient because he “neglected to use the strongest piece of impeachment evidence available to him—evidence that could have discredited the State’s theory that the cocaine ingested by the victim belonged to [the Petitioner].” After a thorough review of the facts and applicable case law, we affirm the post-conviction court’s denial of relief.

Richard W. Shelton, the Defendant, was charged with one count of sale and one count of delivery of a Schedule II controlled substance. A Marshall County jury found the Defendant guilty as charged, and the trial court sentenced the Defendant to fifteen years with release eligibility after service of forty-five percent of the sentence in the Department of Correction. On appeal, the Defendant argues that there was insufficient evidence for a rational juror to have found him guilty of the offenses beyond a reasonable doubt and that his sentence is excessive and contrary to law. After a thorough review of the facts and applicable case law, we affirm.

The petitioner, Everett Russ, appeals the denial of his petition for post-conviction relief from his 2012 Shelby County Criminal Court jury convictions of two counts of aggravated sexual battery. Discerning no error, we affirm the denial of post-conviction relief.

The petitioner, Joseph Anthony Saitta, Jr., appeals the denial of post-conviction relief from his Warren County Circuit Court conviction for rape of a child. The petitioner alleges he received ineffective assistance of counsel and that the cumulative effect of trial counsel’s errors resulted in the denial of a fair trial. Discerning no error, we affirm the judgment of the post-conviction court.

Petitioner, Larry McNutt, appeals the post-conviction court’s denial of relief from his convictions for reckless endangerment and aggravated assault. On appeal, Petitioner argues that he received ineffective assistance of counsel. After a thorough review, we affirm the judgment of the post-conviction court.

The petitioner, Jeffrey King, pleaded guilty to multiple drug and money laundering crimes, and the trial court sentenced him to forty years of incarceration to be served at 100%. The petitioner attempted to reserve certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) about whether wiretaps used in the investigation of the crime were lawful. This Court determined that the petitioner was not entitled to relief on the basis of the certified questions and affirmed the judgments on appeal. State v. King, 437 S.W.3d 856, 889 (Tenn. Crim. App. 2013). In 2015, the petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel and, after a hearing, the post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment.

Defendant, Billy Joe Hodge, was indicted by the Madison County Grand Jury for one count of possession of 0.5 grams or more of methamphetamine with intent to sell; possession of 0.5 grams or more of methamphetamine with intent to deliver; possession of marijuana; and possession of drug paraphernalia. Defendant filed a pretrial motion to suppress the evidence seized during a search of his home and person. Following a hearing, the trial court denied Defendant’s motion, and Defendant entered guilty pleas to all four counts. The possession of methamphetamine with intent to sell and the possession of methamphetamine with intent to deliver were “merged” by the trial court, but the merger was not done in compliance with State v. Berry, 503 S.W.3d 360 (Tenn. 2015). Defendant reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the search of his home by law enforcement was lawful. After review, we conclude that exigent circumstances did not justify the warrantless search of Defendant’s home. However, we conclude that there was probable cause for the issuance of a subsequent search warrant. Accordingly, we affirm the judgment of the trial court.

A Madison County Circuit Court Jury convicted the Appellant, Marcus Jermaine Brooks, of aggravated assault by strangulation, a Class C felony, and the trial court sentenced him as a Range II, multiple offender to eight years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

The Defendant, Kevin Lynn Morris, was convicted by a Chester County jury of aggravated burglary, theft of property valued at $500 or less, vandalism, and evading arrest. His sole issue on appeal is that the trial court erred by denying his motion for new trial based on newly discovered evidence. Upon review, we affirm the judgment of the trial court.

Petitioner, Brooke Whitaker, appeals the Lauderdale County Circuit Court’s dismissal of her petition for writ of habeas corpus. Because we determine that Petitioner has failed to file a timely notice of appeal or provide a reason as to why the timely filing of the notice of appeal should be waived, the appeal is dismissed.

The Defendant, Kevin Watkins, III, pleaded guilty to two counts of aggravated burglary and agreed to allow the trial court to determine the length and manner of service of his sentence. The trial court subsequently ordered the Defendant to serve concurrent six-year and three-year sentences in confinement. On appeal, the Defendant contends that the trial court erred when it applied two enhancement factors to his sentence and when it denied him alternative sentencing. After review, we affirm the trial court’s judgments.

The Defendant, Yolanda N. Shedd, was indicted for one count of assault, a Class A misdemeanor. See Tenn. Code Ann.
§ 39-13-101. The Defendant was ultimately convicted by a jury of the lesser-included offense of attempted assault, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-12-101, -12-107(a), -13-101. The trial court imposed a sentence of six months to be served on unsupervised probation. On appeal, the Defendant contends (1) that she received ineffective assistance of counsel because her trial counsel had a conflict of interest; (2) that she received ineffective assistance of counsel because trial counsel failed to “properly cross-examine” one of the State’s witnesses; and (3) that the trial court improperly interfered with trial counsel’s cross-examination of one of the State’s witnesses. However, our review of the record reveals that the Defendant failed to raise these issues in a timely motion for new trial; thereby, waving full appellate review. Additionally, we conclude that plain error review of the issues is not warranted. Accordingly, we affirm the judgment of the trial court.

The Defendant, Gary Robert Buchanan, appeals the trial court’s imposition of an effective fourteen-year sentence upon resentencing following the revocation of his community corrections. After review, we affirm the sentencing decision of the trial court.

A Davidson County trial judge convicted the Defendant, Alonzo Christopher Downey, of domestic assault sentenced him to serve eleven months and twenty-nine days of probation. On appeal, the Defendant contends that the evidence is insufficient to support his conviction. After review, we affirm the trial court’s judgment.

The Defendant, Robin Kathern Burton, was indicted by a Hawkins County grand jury of one count of possession of a controlled substance with the intent to deliver and received a sentence of four years, with six months to be served in confinement. In this appeal as of right, the Defendant argues that the trial court abused its discretion in ordering her to serve a portion of her sentence in confinement. Upon review, we affirm the judgment of the trial court.

A Morgan County Criminal Court jury convicted the Defendant-Appellant, John H. Brichetto, Jr., and his wife of theft of property valued at $60,000 or more but less than $250,000, a Class B felony, and Mr. Brichetto was subsequently sentenced as a Range I, standard offender to ten years’ incarceration. In exchange for a reduced sentence for his wife, Mr. Brichetto executed a written waiver of his post-judgment rights, including the right to seek relief from his conviction or sentence, the right to appeal, the right to file a petition for post-conviction relief, and the right to collaterally attack his conviction. The trial court, after determining that Mr. Brichetto knowingly and voluntarily agreed to the waiver, accepted the written waiver and sentenced Mr. Brichetto’s wife in accordance with the settlement agreement. Thereafter, Mr. Brichetto filed a motion to reduce his sentence pursuant to Tennessee Rule of Criminal Procedure 35, which the trial court denied without a hearing after reiterating that Mr. Brichetto knowingly and voluntarily waived his right to seek relief from his sentence. The court later entered a supplemental order denying the Rule 35 motion on the basis that it was untimely. On appeal, Mr. Brichetto argues (1) the trial court erred in denying his Rule 35 motion on the basis that it was untimely, and (2) the trial court erred in denying this motion based on his written waiver because the waiver is void. We affirm the judgment of the trial court.

The defendant, Raymond Arthur Klein, appeals his convictions and sentences for aggravated sexual battery and criminal attempt to commit rape of a child. The defendant argues there is insufficient evidence to support the jury’s verdict. Additionally, the defendant argues a violation of his Sixth Amendment right to confront the witnesses against him because he was not permitted to introduce the results of a polygraph examination from a prior investigation. Finally, the defendant argues his sentence was improperly ordered to be served consecutively to a prior sexual battery conviction. Following our review, we affirm the judgments and sentence of the trial court.

Following the Defendant’s, Kimberly Reynolds, guilty-pleaded convictions for one count of theft of property valued at $1,000 or more and six counts of obtaining a controlled substance by fraud, the trial court imposed a sentence of three years’ incarceration for the theft charge and three years on community corrections for the fraud convictions to be served consecutively. Regarding her sentence of confinement, the Defendant appeals, arguing that she is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103. Following our review, we affirm the trial court’s alternative sentencing decision.

The Defendant, Adam D. Little, alias, appeals as of right from the Knox County Criminal Court’s revocation of his probation and reinstatement of the remainder of his nine-year sentence for selling less than fifteen grams of heroin within 1,000 feet of a public park. On appeal, the Defendant asserts that the trial court abused its discretion by revoking his probation because the State failed to establish that he violated the law by a preponderance of the evidence. Following our review, we affirm the judgment of the trial court.

Defendant, Eric Washington, appeals from the trial court’s revocation of probation for his convictions for aggravated assault, domestic assault, and vandalism under $500 and order that he serve his effective ten-year sentence in confinement. Defendant contends that the trial court abused its discretion by allowing hearsay testimony at the revocation hearing and that the evidence was insufficient to support the revocation. Upon our review of the record, we hold that the trial court erred by admitting hearsay testimony without a finding of good cause or reliability and that the trial court erred in revoking Defendant’s probation on a ground for which there was a lack of evidence in the record. Accordingly, we reverse the judgment of the trial court and remand the matter for further proceedings consistent with this opinion.