APPELLATE COURT OPINIONS

Petitioner, Robert Wayne Garner, filed a petition for writ of error coram nobis challenging his 2011 convictions for first degree felony murder, aggravated arson, and theft of property valued at $10,000 or more but less than $60,000. The coram nobis court held an initial hearing to determine whether Petitioner was entitled to a full evidentiary hearing; after the initial hearing, the coram nobis court dismissed the petition. Petitioner appeals, arguing the trial court erred in dismissing the petition without a full evidentiary hearing. After review, we affirm the judgment of the coram nobis court.

A Lake County jury convicted the Defendant, James Phillip Rickman, of one count of attempted first degree premeditated murder resulting in serious bodily injury, one count of employing a firearm during the commission of a dangerous felony, and three counts of aggravated assault. The trial court imposed an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions for attempted first degree murder with serious bodily injury and one count of aggravated assault; and (2) the trial court erred when it dismissed his motion to suppress. After review, we affirm the trial court’s judgments.

A Hardin County jury convicted the Defendant, Jordan Dane Weatherspoon, of one count of the sale of .5 grams or more of cocaine, and he later pleaded guilty to two additional counts of the sale of .5 grams or more of cocaine. The trial court sentenced the Defendant to an effective sentence of ten years of incarceration as a Range I offender. On appeal, the Defendant contends that the trial court erred when it denied his request for an alternative sentence. After review, we affirm the trial court’s judgments.

Jay James Macken, Defendant, was convicted of aggravated assault, aggravated rape, especially aggravated kidnapping, and interference with emergency communication after a jury trial. The trial court sentenced him to an effective sentence of 20 years. After the denial of a motion for new trial, Defendant sought review of his convictions in this Court. On appeal, Defendant challenges the sufficiency of the evidence to support his convictions for aggravated assault and especially aggravated kidnapping. Because the evidence supported the convictions, we affirm the judgments of the trial court.

A Maury County jury convicted the Defendant, Austin Cunningham, of possession of methamphetamine with the intent to sell and possession of a firearm during the commission of or attempt to commit a dangerous felony, among other offenses. The trial court ordered the Defendant to serve an effective twelve-year sentence. On appeal, the Defendant asserts that the evidence is legally insufficient to sustain his convictions and that the trial court erred when it denied alternative sentencing. Upon our review, we hold that the Defendant has waived his issues by failing to properly prepare his brief in accordance with Tennessee Rule of Appellate Procedure 27. Although we remand Count 6 for entry of a modified judgment as to the sentence imposed, we respectfully affirm the trial court’s judgments in all other respects.

Defendant Brandon M. Jones was convicted by a jury of seventeen counts of a twenty-seven-count indictment. The offenses involved the possession of methamphetamine, marijuana, drug paraphernalia, and a firearm. He was sentenced as a Range II offender to a total effective sentence of thirty-five years. On appeal, Defendant contends the trial court erred in allowing the jury to deliberate late into the evening before reaching a verdict in a bifurcated trial in violation of his Sixth Amendment right to a jury trial. Following our review of the entire record, the briefs of the parties, and applicable authority, we affirm the judgments of the trial court.

The Defendant, Steven Mitchel Ambrose, appeals his jury convictions for four counts of rape of a child and his resulting effective sentence of sixty years. On appeal, he argues: (1) the trial court erred by denying his motion to suppress his statements made to law enforcement; (2) the State provided an insufficient election of offenses which deprived him of a verdict by a unanimous jury; (3) the evidence is insufficient to support his convictions; (4) his sentence is excessive; and (5) the multiple “procedural errors and constitutional violations” that occurred in the trial court violated his right to due process and entitle him to relief under the cumulative error doctrine. After review, we affirm the judgments of the trial court.

The Petitioner, Christopher A. Duncan, appeals from the Cheatham County Circuit
Court’s denial of his petition for post-conviction relief from his convictions for attempted
second degree murder, aggravated arson, especially aggravated kidnapping, aggravated
burglary, and theft of property valued at more than $2,500 but less than $10,000, for
which he is serving an effective seventy-eight-year sentence. On appeal, the Petitioner
contends that the post-conviction court erred by denying relief on his ineffective
assistance of counsel allegations for trial counsel’s failure (1) to file motions to suppress,
(2) to file a motion to sever his trial from that of his codefendants, (3) to file a motion to
dismiss count five of the indictment relating to theft of property and to object to other
evidence relating to the theft of the victim’s car, (4) to request jury instructions for
facilitation of a felony or accessory after the fact, and (5) to object to the State’s witness
vouching during closing argument. We affirm the judgment of the post-conviction court.

The Defendant, Andrew James Skaalerud, appeals from the Davidson County Criminal Court’s probation revocation of the three-year sentence he received for his guilty-pleaded conviction for possession with intent to sell or to deliver alprazolam. On appeal, the Defendant contends that the trial court abused its discretion by revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court.

Derrick Lee Johnson, Defendant, appeals from the Rutherford County Circuit Court’s judgment revoking his probation and ordering him to serve the balance of his probationary sentence of eight years in confinement. On appeal, Defendant argues the trial court abused its discretion by improperly considering Defendant’s indicted charges instead of the ones for which he was ultimately convicted, and by failing to consider whether alternative sentencing would serve the ends of justice. After review, we affirm the judgment of the trial court.

The defendant, Eric L. Hoosier, Sr., was found guilty by a Montgomery County jury of criminal attempt to commit first-degree murder, criminal attempt to commit second-degree murder, employment of a firearm during a dangerous felony, reckless endangerment, and reckless endangerment firing a deadly weapon. The trial court imposed an effective sentence of seventy years in confinement. On appeal, the defendant contends the trial court erred in excluding character evidence of a victim, in denying the defendant’s motions for judgment of acquittal and new trial, and in sentencing the defendant to the maximum sentence within the range. The defendant also contends the evidence presented at trial was insufficient to support his convictions. Following our review, we affirm.

After remand by the Tennessee Supreme Court, we reconsider Petitioner’s, Marshall G. Tate’s, appeal from the Franklin County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to driving with a blood alcohol concentration of .08 percent or more (DUI per se). Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.

The Defendant, Gregory Cornielus Thompson, pled guilty to two counts of robbery. The trial court imposed an effective sentence of eight years and placed the Defendant on probation. Thereafter, the Defendant was arrested and convicted of driving under the influence of an intoxicant and felony evading arrest. Following a hearing, the trial court revoked his suspended sentences in full and ordered the original sentences into execution. On appeal, the Defendant argues that a complete revocation of his sentences was an abuse of discretion. We respectfully disagree and affirm the judgments of the trial court.

The pro se Defendant, Dedrick Wiggins, appeals the summary denial of his Tennessee Rules of Criminal Procedure 36.1 motion to correct an illegal sentence. Because the Defendant has not raised a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

The Appellant, Jermaine Mitchell Gray, appeals his conviction of the sale of 0.5 grams or more of methamphetamine for which he received a sentence of ten years’ imprisonment.  He argues: (1) the evidence is insufficient to support his conviction; (2) the State failed to reveal the existence and identity of a second confidential informant in violation of Brady v. Maryland, 373 U.S. 83 (1963); and (3) the trial court denied his right of allocution before sentencing.  We additionally deny appointed counsel’s July 18 motion to withdraw as counsel in this case.  After review, we affirm the trial court’s judgment.

The defendant, Noah Rashad Lyles, pleaded guilty to theft of property between $1,000 and $2,500, and the trial court imposed a sentence of three years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

The Defendant appeals as of right his jury conviction of reckless homicide for which he received a sentence of twelve years’ incarceration. The sole issue presented for our review is whether the evidence was sufficient to support the conviction. Upon our review, we affirm.

A Hamblen County jury convicted the Defendant, Randy Scott Bible, of aggravated
statutory rape and soliciting sexual exploitation of a minor, and the trial court sentenced
him to a fourteen-year sentence, with one year of confinement and the remainder to be
suspended to supervised probation. On appeal, the Defendant contends that the evidence
is insufficient to support his convictions and that he received the ineffective assistance of
counsel. After review, we affirm the trial court’s judgments.

The Defendant, Shanada Nicole Snipes, pled guilty in the Madison County Circuit Court to aggravated robbery, aggravated assault, and multiple drug offenses. After a sentencing hearing, she received an effective ten-year sentence to be served in confinement. On appeal, the Defendant claims that the trial court erred by failing to apply mitigating factor (13) to her convictions. Upon review, we conclude that the trial court properly sentenced the Defendant. However, we also conclude that the Defendant’s conviction of possession of a Schedule II controlled substance with intent to sell in count three must be reversed and vacated because the Defendant was not charged with that offense and that the case must be remanded to the trial court for correction of the judgment in count four to reflect that the Defendant received a ten-year sentence for possession of a Schedule II controlled substance with intent to deliver. The Defendant’s convictions and effective ten-year sentence are affirmed in all other respects.

Defendant, Jamie Rebecca Ryan, pleaded guilty in Bedford County Circuit Court to one count of possession of 0.5 grams or more of methamphetamine with intent to sell, a Class B felony. The parties agreed to an eight-year sentence, with the manner of service of sentence left to the trial court’s discretion. Following a sentencing hearing, the trial court ordered Defendant to serve her full sentence in the custody of the Tennessee Department of Correction (TDOC), consecutive to a five-year sentence for a prior unrelated offense. On appeal, Defendant argues the trial court abused its discretion in ordering Defendant to serve a sentence of full incarceration and in imposing consecutive sentences. After review, we affirm the judgment of the trial court.

The Defendant, Trevor Rachell Cullom, appeals from the Knox County Criminal Court’s
probation revocation of the ten-year sentence he received for his guilty-pleaded conviction
of attempted unlawful possession of a weapon. On appeal, the Defendant contends that the
trial court abused its discretion by revoking his probation and ordering him to serve the
remainder of his sentence in confinement. We affirm the judgment of the trial court.

Petitioner, Cortney R. Logan, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis as untimely. Following our review of the entire record, briefs of the parties, and the applicable law, we affirm the judgment of the coram nobis court.

Petitioner, LaNorris O’Brien Chambers, appeals as of right from the Williamson County Circuit Court’s summary dismissal of his pro se petition for post-conviction relief, wherein he challenged his guilty-pleaded convictions for robbery and fraudulent use of a credit or debit card between $1,000 and $2,500 and resulting fifteen-year sentence. After appointed post-conviction counsel filed a notice that no amended petition would be filed, the post-conviction court found that Petitioner had raised a colorable claim of ineffective assistance of counsel; however, the court summarily dismissed the petition, reasoning that Petitioner had “fail[ed] to demonstrate any actual prejudice whatsoever” because he sought to be resentenced rather than rescind his guilty pleas and proceed to trial. On appeal, Petitioner asserts that he is entitled to an evidentiary hearing based upon his claims of having entered an unknowing and involuntary guilty plea after receiving ineffective assistance of counsel. Following our review, we affirm.

Following a trial, a jury found Defendant, Richard Caldwell, guilty of felony evading arrest, reckless driving, and driving on a revoked or suspended license, for which Defendant received an effective two-year sentence. On appeal, Defendant contends that the trial court erred in denying his request for a jury instruction regarding the State’s duty to preserve evidence. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court.

The Defendant, Isaiah Jamal Simmons, appeals from his guilty-pleaded convictions in the
Hamilton County Criminal Court for one count of attempted second degree murder, a Class
B felony, aggravated stalking, a Class E felony, two counts of assault, a Class A
misdemeanor, and two counts of harassment, a Class A misdemeanor. See T.C.A. §§ 39-
13-210 (2018) (second degree murder); 39-12-101 (2018) (criminal attempt); 39-17-315
(2018) (subsequently amended) (aggravated stalking); 39-13-101 (2018) (assault); 39-17-
308 (2018) (harassment). The trial court ordered the Defendant to serve his agreed-upon,
ten-year sentence in confinement. On appeal, the Defendant contends the trial court abused
its discretion by denying alternative sentencing and by failing to allow the defense to
present argument at sentencing. We affirm the judgments of the trial court.