APPELLATE COURT OPINIONS

The defendant, Jody Kyle Banks, pled guilty to driving under the influence of an intoxicant (second offense), a Class A misdemeanor, in violation of Tennessee Code Annotated section 55-10-401(a)(1) (2010).  He was sentenced to eleven months and twenty-nine days imprisonment, with fifty days to be served in jail and the remainder of the sentence to be served on probation.  In entering his guilty plea, the defendant reserved, pursuant to Tennessee Rule of Criminal Procedure 37(b)(2),  a certified question of law challenging the initial stop of his vehicle based on a broken taillight. After a thorough review of the record, we conclude that this case is governed by the Tennessee Supreme Court’s decision in State v. Brotherton, 323 S.W.3d 866 (Tenn. 2010), and we accordingly affirm the judgment of the trial court.

Appellant, Archie Tyrone Wilson, was in custody in the State of Tennessee. In July 2012, the State of Florida submitted a request under the Interstate Compact on Detainers for custody of Appellant in connection with a charge of sexual battery. Appellant requested a hearing. At the conclusion of the hearing, the trial court ordered his transfer to Florida for prosecution. On appeal, Appellant argues that the trial court erred. After a thorough review of the record on appeal, we conclude that the trial court did not err. Therefore, we affirm the trial court’s order of transfer.

The defendant, William Roger Henderson, III, pled guilty to two counts of attempted aggravated robbery,  Class C felonies.  The trial court sentenced him as a multiple offender  to serve nine years in the Department of Correction on each count, with the counts to run concurrently.  The trial court refused to give the defendant an alternative sentence, and the defendant appeals.  Having reviewed the record, we conclude that the trial court did not abuse its discretion in ordering the defendant’s confinement to prison, and we affirm the judgment of the trial court.

The Petitioner, Louis Mayes, contends that both his transfer counsel and his trial/appellate counsel rendered the ineffective assistance of counsel in the juvenile and trial courts, respectively, and that the post-conviction court erred in denying post-conviction relief. Specifically, he alleges that transfer counsel failed to properly prepare for the transfer hearing and that his trial/appellate counsel failed to include a key witness at the suppression hearing and was deficient on appeal for failing to challenge the trial court’s denial of his suppression motion. Upon consideration of the relevant authorities and the record, we affirm the judgment of the post-conviction court.

The defendant, Jared Scott Aguilar, appeals from his Montgomery County Circuit Court jury convictions of six counts of sexual exploitation of a minor, see T.C.A. § 39-17-1003(a)(1), claiming that the trial court erred by denying his motion to suppress evidence seized pursuant to a search warrant, that the evidence was insufficient to sustain two of the convictions, that the counts of the indictment are multiplicitous, and that the 10-year effective sentence is excessive.  Discerning no error, we affirm the judgments of the trial court.

The defendant, Archie Elliott, also known as Archie Elliott, III, was indicted for two counts of aggravated cruelty to animals while he was employed by the Memphis Animal Shelter. He entered open pleas of guilty to these offenses and was sentenced, in each count, to two years confinement, with the sentences to be served concurrently. On appeal, he asserts that the trial court erred in both the length and manner of service of the sentences, which were to be served, as a Range I, standard offender, at 30%; that the court showed bias in statements regarding the court’s feelings regarding animals; and that the court erred in weighing the impact of letters opposing alternative sentencing. Following our review, we affirm the judgments of the trial court.

The defendant, James Allen Nix, was convicted by a Sumner County Criminal Court jury of burglary of a building other than a habitation and theft of property valued at $1000 to $10,000, both Class D felonies, and was sentenced by the trial court as a Range III, multiple offender to concurrent terms of eight years in the Department of Correction.  On appeal, he raises three issues relating to the trial court’s denial of his motion to suppress evidence obtained from his home pursuant to a search warrant.  The State argues that the defendant has waived consideration of these issues by his failure to include them in his motion for new trial.  We agree with the State.  Accordingly, we affirm the judgments of the trial court.

The Defendant-Appellant, Hollace Donte Richards, appeals from the Rutherford County Circuit Court’s order revoking his probation.  He previously entered guilty pleas to one count of theft of property valued over $500 but less than $1,000 and one count of sale of marijuana, a Schedule VI controlled substance.  Subsequently, Richards entered guilty pleas to one count of aggravated burglary and one count of failure to appear.  He was ordered to serve his four sentences consecutively for a total effective sentence of ten years in the Department of Correction.  The trial court ordered Richards to serve his two-year sentence for theft in confinement and suspended the other three sentences to be served on supervised probation. On appeal, Richards argues that the trial court abused its discretion by revoking his probation and ordering him to serve his entire sentence in confinement.  Upon our review, we affirm the judgment of the trial court.

The Petitioner, Jamelle M. Felts, appeals the denial of post-conviction relief, arguing that he received ineffective assistance of counsel.  He also appeals the denial of coram nobis relief, arguing that an eyewitness’s affidavit recanting his trial testimony is newly discovered evidence entitling him to a new trial.  Upon review, we affirm the denial of post-conviction relief and the denial of coram nobis relief.

The Defendants, Wesley Clayton Nightwine and Ruby Michelle Bush, were indicted by the Montgomery County Grand Jury for various drug and firearms offenses following the execution of a search warrant at Mr. Nightwine’s residence.  The Defendants filed a motion to suppress the evidence seized, and the trial court granted that motion and dismissed the case as to each defendant.  The State appeals, asserting that the search warrant was valid and the evidence was admissible.  Upon review, we affirm the judgment of the trial court.

The Defendant-Appellant, Mark Dunlap, appeals from the Sevier County Circuit Court’s order revoking his community corrections sentence. The Defendant previously entered guilty pleas to kidnapping, aggravated assault, attempted aggravated burglary, and vandalism. Pursuant to the plea agreement, the trial court sentenced the Defendant to an effective sentence of six years, which was suspended to time served with the balance of his sentence to be served in the community corrections program. On appeal, the Defendant argues that the trial court erred in ordering the Defendant to serve his sentences in confinement after revoking his community corrections and erred in imposing consecutive sentencing. Upon review, we affirm the judgment of the trial court.

The defendant, Heather McMurray, was convicted by a Knox County Criminal Court jury of three counts of the sale of less than .5 grams of cocaine within 1000 feet of a school zone, three counts of the delivery of less than .5 grams of cocaine within 1000 feet of a school zone, possession of less than .5 grams of cocaine with the intent to sell within 1000 feet of a school zone, and possession of less than .5 grams of cocaine with the intent to deliver within 1000 feet of a school zone, all Class B felonies. The trial court merged the convictions based on the same incidents and sentenced the defendant as a Range I, standard offender to concurrent terms of twelve years for each conviction, with a mandatory eight-year sentence in the Department of Correction due to the fact that the offenses were committed in a drug-free school zone. The defendant raises three issues on appeal: (1) whether the evidence is sufficient to sustain her convictions; (2) whether the trial court erred in allowing a police officer to testify as an expert witness; and (3) whether the trial court erred by denying her motion for a mistrial after the State played a redacted version of her statement to police. Following our review, we affirm the judgments of the trial court.

A Sullivan County jury convicted the Defendant, Allan Pope, of one count of using public equipment for private purposes, one count of official misconduct, and one count of theft of services over $10,000 but less than $60,000. On direct appeal, this Court affirmed the Defendant’s conviction for theft of services and reversed and dismissed the Defendant’s convictions for official misconduct and private use of public property. State v. Pope, No. E2011-01410-CCA-R3-CD, 2012 WL 4760724, at *1 (Tenn. Crim. App., at Knoxville, Oct. 5, 2012), perm. app. denied (Tenn. March 5, 2013). On remand, the Defendant filed a motion for reconsideration, requesting that the trial court reconsider its previous denial of the Defendant’s request for judicial diversion; the trial court denied the motion. On appeal, the Defendant contends that the trial court erred when it denied his motion. After a thorough review of the record and applicable law, we dismiss the Defendant’s appeal.

The defendant, Tammy Kay Scott, alias, was convicted by a Knox County Criminal Court jury of possession of less than 200 grams of a Schedule II controlled substance with intent to sell and possession of less than 200 grams of a Schedule II controlled substance with intent to deliver, Class C felonies. The trial court merged the convictions and sentenced the defendant to five years of probation after service of thirty days. On appeal, the defendant argues that the trial court erred in denying the motion to suppress her statement as it was obtained in violation of her right to counsel. After review, we affirm the judgment of the trial court.

The defendant, Tommie Phillips, was convicted by a Shelby County Criminal Court jury of four counts of first degree felony  murder, one count of reckless homicide, two counts of attempted first degree murder, one count of aggravated rape, one  count of aggravated sexual battery, six counts of especially aggravated kidnapping, and two counts of especially aggravated burglary. The trial court merged the four counts of felony murder and one count of reckless homicide into one felony murder conviction and merged the aggravated sexual battery conviction with the aggravated rape conviction. The trial court also merged the six counts of especially aggravated kidnapping into three convictions – one per victim – and merged the two especially aggravated burglary convictions into one conviction. He was sentenced to an effective term of life imprisonment  plus sixty years. On appeal, he argues that: (1) the trial court erred in denying his motions to suppress his statement to police and the photographic and subsequent identifications of him as the perpetrator; (2) the trial court’s erroneous jury charge on especially aggravated kidnapping deprived him of a fundamentally fair trial; and (3) the evidence is insufficient to sustain his convictions. After review, we remand for entry of a corrected judgment in Count 14 to reflect the sentence length of twenty years, which was omitted, and we vacate the judgment for especially aggravated burglary in Count 16 and remand for resentencing for the modified conviction of aggravated burglary in that count. In all other respects, the judgments of the trial court are affirmed.

A Shelby County jury convicted the Defendant, Troy Lloyd, of one count of possession of a controlled substance with intent to deliver. The trial court imposed an effective sentence of fifteen years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction. We affirm the trial court’s judgment.

The petitioner, Michael D. Green, appeals the dismissal of his petition for post-conviction relief. The petitioner was convicted of multiple crimes, including first degree felony murder, and received a sentence of life plus twenty-four years. That sentence was ordered to be served concurrently to a federal sentence of life plus twenty-five years. On appeal, the petitioner contends that he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to request sequestration of the jury; (2) failing to utilize all available preemptory challenges or to challenge potential jurors for cause; and (3) failing to limit testimony concerning the prior federal trial. Following review of the record, we conclude no error occurred and affirm the denial of post-conviction relief.

The Petitioner, Robert Lee Polk, appeals the Circuit Court for Lake County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

I join the majority in all respects with the exception of sentencing.  While I agree that the effective 225-year sentence imposed by the trial court is excessive, I disagree that an effective fifty-year sentence complies with the purposes and principles of our Sentencing Act.    
 

A Shelby County Criminal Court Jury convicted the appellant, Dearaysun Wright, of aggravated robbery, a Class B felony, and the trial court sentenced him 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.

A Marshall County jury convicted the Defendant, Kimberly Wilson Wentzel, of six counts of prescription fraud and two counts of identity theft.  After a sentencing hearing, the trial court sentenced the Defendant as a persistent offender and imposed concurrent eleven-year sentences for each of the Defendant’s eight felony convictions.  The trial court ordered the Defendant to serve her entire sentence in the Tennessee Department of Correction.  The Defendant now appeals, contending that the trial court erred when it denied her request for alternative sentencing.  After a thorough review of the record and applicable law, we conclude that the trial court properly denied alternative sentencing.

Following a jury trial, Defendant, Raymond Denton, was convicted of aggravated rape, in violation of Tennessee Code Annotated section 39-13-502; aggravated burglary, in violation of Tennessee Code Annotated section 39-14-403; and physical abuse of an impaired person, in violation of Tennessee Code Annotated section 71-6-119. The trial court sentenced Defendant as a career offender for each conviction to sixty (60) years for aggravated rape, fifteen (15) years for aggravated burglary, and fifteen (15) years for physical abuse of an impaired person. The sentences were ordered to be served consecutively to each other for an effective sentence of ninety (90) years. In this appeal, Defendant does not challenge any of the sentences imposed, and does not challenge the convictions for aggravated burglary and physical abuse of an impaired person. Defendant’s sole issue is a challenge to the legal sufficiency of the evidence to support his conviction of aggravate rape, limited to the argument that there was insufficient proof establishing the element of penetration. After a thorough review of the record and the briefs, we affirm the judgments of the trial court.

A Shelby County Criminal Court Jury found the appellant, Keeanna Luellan, guilty of forgery over $500 and fraudulent use of a credit card over $500. The trial court sentenced the appellant as a Range III, persistent offender to six years for each conviction and ordered the sentences to be served consecutively for a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred by admitting evidence of other bad acts or crimes and that the evidence is not sufficient to sustain her convictions. Upon review, we affirm the judgments of the trial court.

Petitioner, Frederick Parks, appeals from the trial court’s order summarily dismissing Petitioner’s habeas corpus petition. After a thorough review of the record and the briefs, we affirm the judgment of the trial court.

The Defendant, Tavaria Merritt, pleaded guilty to nine counts of rape of a child, Class A felonies.  See T.C.A. § 39-13-522 (2010).  He was sentenced to nine consecutive terms of twenty-five years for an effective 225-year sentence to be served at 100%.  The Defendant was seventeen years old when the offenses were committed and nineteen years old when he pleaded guilty.  On appeal, the Defendant contends that his effective sentence is the equivalent of life imprisonment without the possibility of parole and is cruel and unusual punishment under the United States and Tennessee Constitutions.  See Graham v. Florida, 560 U.S. 48 (2010).  Although Graham does not apply to the Defendant’s effective 225-year sentence, we conclude that the sentence is excessive, reverse the judgments of the trial court, and remand for entry of judgments reflecting an effective fifty-year sentence.