APPELLATE COURT OPINIONS

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.

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.

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.

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 Stewart County jury found Defendant, Lloyd Allard, guilty of two counts of aggravated rape of a child, two counts of aggravated sexual battery, and twenty-eight counts of especially aggravated sexual exploitation of a minor. The trial court imposed an effective sentence of 144 years in the Tennessee Department of Correction (“TDOC”). On appeal, Defendant contends: (1) the trial court erred in failing to suppress the entirety of his custodial statement after he invoked his right to counsel; (2) the trial court erred in denying Defendant’s motion to suppress evidence on chain of custody grounds; (3) his sentence is excessive; and (4) the evidence produced at trial supported his insanity defense. After review, we affirm the judgments of the trial court.

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.

The defendant, Jerry Donald Brown, III, appeals the order of the trial court denying his motion to withdraw his guilty plea. Upon our review of the record and the parties’ briefs, we affirm the trial court’s decision.

The defendant, Norma Jean Hardin, appeals the order of the trial court revoking her probation and ordering that she serve her full sentence in confinement. Upon our review of the record and the parties’ briefs, we affirm the revocation and disposition of the
defendant’s probation.

The Defendant, Robert Allen Turner, was convicted in the Davidson County Criminal Court of aggravated robbery and two counts of possession of a firearm with intent to go armed and received an effective twelve-year sentence. The Defendant did not file a direct appeal of his convictions but filed a petition for post-conviction relief based on the ineffective assistance of counsel. The post-conviction court ultimately determined that the Defendant was entitled to a delayed appeal. On appeal, the Defendant claims that the evidence is insufficient to support his aggravated robbery conviction and that the trial court erred by sentencing him as a Range II, multiple offender for that conviction. Based upon our review, we conclude that the post-conviction court was without jurisdiction to grant a delayed appeal because the post-conviction petition was untimely. Accordingly, the appeal is dismissed.

Nearly twenty years ago, Petitioner, Nickolus L. Johnson,1 shot Bristol Police Officer Mark
Vance in the face as Officer Vance entered a home responding to a disturbance call, killing
the officer. State v. Johnson, 401 S.W.3d 1, 8 (Tenn. 2013). A Sullivan County jury
convicted Petitioner of first degree murder and sentenced him to death. Id. After his
conviction and sentence were affirmed on direct appeal, id. at 7, Petitioner subsequently
sought post-conviction relief. The post-conviction court denied relief after extensive
hearings. Petitioner raises numerous arguments on appeal assailing his conviction and
sentence based primarily on ineffective assistance of counsel as well as several standalone
constitutional claims. After a thorough review of the record, the applicable law, the parties’
briefs, and oral arguments, we affirm the post-conviction court’s judgment in all respects.

Jimmy Smith, Defendant, appeals the summary dismissal of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court pursuant to Rule 20 of the Court of Criminal Appeals.

Defendant, Lacorious Tyquez Fuller, appeals his Rutherford County Circuit Court conviction for conspiracy to deliver more than 150 grams of heroin, for which he received a sentence of 17 years’ incarceration. On appeal, Defendant challenges the sufficiency of the convicting evidence and the trial court’s admission of a video recording of a controlled purchase between Defendant and two confidential informants. Finding no reversible error, we affirm the judgment of the trial court.

The Defendant, Taeshaun K. Patterson, was convicted by a Rutherford County Circuit Court jury of first degree felony murder, second degree murder, a Class A felony, facilitation of conspiracy to commit aggravated robbery, a Class D felony, facilitation to commit aggravated robbery, a Class C felony, and robbery in concert with two or more persons, a Class B felony. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder), 39-13-210 (2018) (second degree murder), 39-11-403 (2018) (facilitation), 39-12-103 (2018) (criminal conspiracy), 39-13-402 (2018) (aggravated robbery), 39-13- 401 (2018) (robbery), 39-12-302 (2018) (sentencing classification for acting in concert). The Defendant was sentenced to life imprisonment. On appeal, he contends that (1) the evidence is insufficient to support his convictions and (2) the trial court should have held a sentencing hearing for the first degree murder conviction. We affirm the judgments of the trial court. However, in light of State v. Booker, 656 S.W.3d 49 (Tenn. 2022), we remand for the entry of an amended first degree felony murder judgment form to reflect in the special conditions section that the Defendant is entitled to an individualized parole hearing after serving between twenty-five and thirty-six years of his life sentence.

The Petitioner, Radames Antonio Rivera, appeals the denial of his petition for post-conviction relief from his second degree murder conviction, arguing that his trial counsel provided ineffective assistance by failing to strike two jurors who had prior connections with the parties and by failing to effectively cross-examine a principal State witness. Based on our review, we affirm the judgment of the post-conviction court denying the petition.

The Defendant, John Michael Storey, pled guilty as a Range III, persistent offender to reckless homicide and the sale and delivery of fentanyl. As part of the plea, the parties agreed to have the trial court decide the length of the sentences and the manner of their service. Following a sentencing hearing, the trial court imposed an effective sentence of eight years and denied the Defendant’s request for an alternative sentence. On appeal, the Defendant argues that the trial court should have granted an alternative sentence or, alternatively, should have modified his sentence pursuant to Tennessee Rule of Criminal Procedure 35 to provide for probation or split confinement. Upon our review, we conclude that the Defendant’s notice of appeal was untimely as to the trial court’s original sentencing decision, and we dismiss that part of the appeal. We respectfully affirm the trial court’s judgments in all other respects.

The Petitioner, James Lee McClain, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief challenging his convictions for aggravated assault and witness coercion. The Petitioner argues he received the ineffective assistance of both pretrial and appellate counsel. Specifically, he contends both attorneys who represented him during the pretrial stage were ineffective by failing to discuss discovery materials and case strategy with him, failing to adequately prepare for trial, and failing to file “critical” motions, resulting in the Petitioner’s having to represent himself at trial. Additionally, he argues appellate counsel was ineffective by failing to include sufficiency of the evidence and severance issues in his direct appeal. Following our review, we affirm the judgment of the post-conviction court.

Petitioner, David Anthony Avery, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1 claiming that his sentences were illegal because his criminal case was a civil matter, that the United States District Court had original jurisdiction over all civil cases, and that the trial court did not have jurisdiction to impose the sentences. We determine that the motion failed to state a colorable claim and affirm summary dismissal of the motion by the trial court.

Petitioner, Anthony Tucker, 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.