APPELLATE COURT OPINIONS

The Defendant, Marcus Frazier Thompson, was convicted by a Madison County Circuit Court jury of five counts of aggravated robbery, Class B felonies. See T.C.A. § 39-13-402 (2010). He was sentenced as a career offender to ninety years to be served at sixty percent. On appeal he contends that (1) the evidence is insufficient to support the convictions, (2) the State improperly exercised a peremptory challenge on the basis of a prospective juror’s race, (3) a witness’s testimony should have been excluded due to a violation of the rule of sequestration, and (4) the trial court erred in admitting evidence of ammunition found during a search of the Defendant’s apartment. We affirm the judgments of the trial court.

The petitioner, Mack Transou, appeals the summary denial of his fourth pro se petition for writ of habeas corpus. In 1999, the petitioner pled guilty to driving after being declared a habitual motor vehicle offender and received a two-year sentence, which was to be served in Community Corrections after ninety days incarceration. Based upon a blood sample taken from the petitioner as part of the intake process, he was later convicted, in two separate cases, of two counts of rape, one count of sexual battery, and one count of aggravated burglary. He is currently serving an effective thirty-four year sentence in the Department of Correction on those convictions. On appeal, he contends that the habeas corpus court erred in summarily denying his petition. Following review of the record, we affirm the court’s determination.

The Petitioner, Joann G. Rosa, appeals the Knox County Criminal Court’s denial of her petition for a writ of error coram nobis regarding her conviction for first degree murder, for which she is serving a life sentence. The Petitioner contends that the trial judge who presided over her jury trial pleaded guilty to official misconduct, that the judge’s misconduct was newly discovered evidence entitling her to a new trial, that the judge’s misconduct created structural error entitling her to a new trial, and that the trial judge who denied coram nobis relief had a conflict of interest because she was mentioned in the Tennessee Bureau of Investigation (TBI) report regarding the misconduct allegation. We affirm the judgment of the trial court.

The petitioner, Gregory A. Hedges, filed in the Morgan County Criminal Court a habeas corpus petition, seeking relief from his convictions of aggravated robbery with a deadly weapon and aggravated kidnapping. The habeas corpus court summarily dismissed the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court.

The pro se appellant, Adrian Brown, appeals as of right from the McMinn County Circuit Court’s order denying his Tennessee Rule of Criminal Procedure 36 motion to correct clerical error. The State has filed a motion requesting that this court dismiss the appeal or, in the alternative, affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion to affirm by memorandum opinion is well-taken and affirm the judgment of the McMinn County Circuit Court.

The appellant, David Eugene Breezee, was convicted by Benton County Circuit Court juries of two counts of rape of a child and two counts of incest. On appeal, the appellant contends that his effective thirty-two-year sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

The Defendant, Justin Gibson, entered a guilty plea to driving under the influence, first offense. He agreed to a sentence of eleven months and twenty-nine days, all of which was suspended after seven days’ incarceration. As a condition of his guilty plea, the Defendant reserved a certified question of law challenging the warrantless search of his home as not justified by either consent or exigent circumstances. After a thorough review of the applicable law, we conclude that the officer’s entry into the Defendant’s home was supported by neither exigent circumstances nor as a part of the community caretaker function; therefore, the trial court erred when it denied the Defendant’s motion to suppress. Accordingly, we reverse the judgment of the trial court and dismiss the charge against the Defendant.

The petitioner, Yovonda Sherith Chambers, appeals the denial of her petition for post-conviction relief, arguing that she received ineffective assistance of counsel and that her guilty pleas were unknowing and involuntary. Following our review, we affirm the denial of the petition.

A Shelby County Criminal Court Jury convicted the appellant, William Lanier, of premeditated first degree murder, and the trial court sentenced him to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant asserts: (1) that he was denied his right to a speedy trial; (2) that the evidence was insufficient to sustain his conviction; (3) that the trial court erred in allowing Detective Anthony Mullins to testify as a blood spatter expert; (4) that the trial court erred in admitting blood spatter evidence that was insufficiently authenticated; (5) that the trial court improperly limited defense counsel’s cross-examination of witnesses; (6) that the State committed prosecutorial misconduct during its questioning of witnesses and closing argument; and (7) that the cumulative effect of the errors warrants a new trial. Upon review, we affirm the judgment of the trial court.

The petitioner, Anthony Whited, appeals the summary dismissal of his pro se petition for post-conviction relief, arguing that he presented a colorable claim for relief and that he should, therefore, have been afforded the assistance of post-conviction counsel and an evidentiary hearing. We agree. Accordingly, we reverse the judgment of the post-conviction court and remand for the appointment of post-conviction counsel and an evidentiary hearing.

The defendant, William Richard Hicks, alias Billy Richard Hicks, appeals from his convictions for various alcohol- and driving-related offenses, which we will detail, the most serious of which were DUI, tenth offense, and violation of the habitual motor vehicle offender (“HMVO”) statute. He was sentenced as a Range III, persistent offender to six years for each of these convictions, with the HMVO sentences to be served consecutively and the DUI and misdemeanor convictions to be served concurrently, for an effective sentence of eighteen years. From these sentences he appeals, arguing that his sentences are excessive and that the court erred in ordering they be served consecutively. Following our review, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 91142, Count 5, to reflect the length of the defendant’s sentence as eleven months, twenty-nine days, which was omitted.

James Earl Evans (“the Defendant”) pleaded guilty to one count of sale of less than 0.5 grams of cocaine. Pursuant to the plea agreement, the Defendant was sentenced to ten years’ probation. Upon the filing of a probation revocation warrant, the Defendant was taken into custody, and a revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve his original sentence of ten years’ incarceration. The Defendant has appealed the trial court’s ruling, asserting that the trial court erred in sentencing him to his original sentence in confinement. Upon a thorough review of the record, we affirm the trial court’s judgment.

The petitioner, Jarrett Inman, pled guilty in the Roane County Criminal Court to rape of a child, a Class A felony, and was sentenced to seventeen years at 100% in the Department of Correction. On appeal, he argues that the trial court erred by denying his motion to withdraw his guilty plea and his petition for writ of error coram nobis based on newly discovered evidence of the victim’s recantation. Following our review, we affirm the judgments of the trial court.

The petitioner, Broderick Joseph Smith, appeals the denial of his petition for post-conviction relief, arguing he received the ineffective assistance of counsel. After review, we affirm the denial of the petition.

The Petitioner, Nicholas Overbay, appeals the Sullivan County Criminal Court’s denial of post-conviction relief for his conviction for first degree murder and attempted first degree murder. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the decision of the post-conviction court.

Appellant, Xavion Lyndon Underwood, was convicted of aggravated robbery, for which he received a ten-year sentence. He appeals his conviction and sentence, arguing that the evidence was insufficient to support his conviction and that the trial court erred in sentencing him. Upon our review, we discern no error and affirm the judgment of the trial court.

The petitioner, David Enrique Leon, appeals the denial of his petition for post-conviction relief from his first degree felony murder and aggravated robbery convictions, arguing that he received the ineffective assistance of counsel. After review, we affirm the denial of the petition.

Defendant, Lavario Devon Kibble, entered guilty pleas to reckless endangerment and aggravated assault pursuant to a negotiated plea agreement. Under the agreement he received consecutive sentences of one year for reckless endangerment and four years for aggravated assault. The manner of service of the effective sentence of five years was left to determination by the trial court after a sentencing hearing. The trial court ordered the sentences to be served totally by incarceration. Defendant appeals, arguing that the trial court should have ordered an alternative sentence of either split confinement or periodic confinement. After a thorough review, we affirm the judgments of the trial court.

Appellant, Darrell Carpenter, was indicted by the Shelby County Grand Jury for second degree murder in November of 2007. At the conclusion of a jury trial, he was convicted of the offense as charged in the indictment and sentenced to twenty years in incarceration as a violent offender. After the denial of a motion for new trial, Appellant did not seek an appeal. Appellant subsequently filed a petition for post-conviction relief in which he sought a delayed appeal pursuant to Tennessee Code Annotated section 40-30-113. The trial court granted the motion for delayed appeal. In this Court, Appellant challenges the sufficiency of the evidence resulting in his second degree murder conviction. After a review of the record and the applicable authorities, we conclude that the evidence at trial was sufficient to support the conviction. Accordingly, Appellant is not entitled to relief, and the judgment of the trial court is affirmed.

Pursuant to this court’s opinion in Stephen Anthony Scott v. State, No. M2010-00448-CCA-R3-PC, 2011 Tenn. Crim. App. LEXIS 632, at *5 (Nashville, Aug. 16, 2011), the Montgomery County Circuit Court resentenced the appellant, Stephen Anthony Scott, to the presumptive minimum sentence in the range for his convictions of aggravated robbery, attempted aggravated robbery, especially aggravated kidnapping, aggravated kidnapping, and attempted robbery. Six months later, the trial court found the appellant to be an especially mitigated offender and further reduced his sentences for count 3, especially aggravated kidnapping, and count 4, kidnapping, by ten percent. On appeal, the appellant contends that the trial court erred by not allowing him to be sentenced pursuant to the 2005 amendments to the Tennessee Sentencing Reform Act of 1989, that the trial court erred by failing to sentence him as an especially mitigated offender for all of the offenses, and that his sentences violate Blakely v. Washington, 542 U.S. 296 (2004). Based upon the record and the parties’ briefs, we conclude that the trial court was without jurisdiction to classify the appellant as an especially mitigated offender and could not reduce his sentences by ten percent. Therefore, the case is remanded to the trial court for reinstatement of his previous sentences for counts 3 and 4. Regarding the issues raised on appeal, we conclude that the appellant is not entitled to relief and affirm the judgments of the trial court.

Following a jury trial, the defendant, Dameon Williams, was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range I, standard offender to six years in the county workhouse. On appeal, he argues that the trial court erred in admitting an autopsy photograph of the victim’s skull and that the evidence is insufficient to support his conviction. Based upon our review, we affirm the judgment of the trial court.

The appellant, Kevin Bell, appeals the trial court’s revocation of his probationary sentence and challenges the imposition of the original sentence to be served in confinement. Upon review, we affirm the judgment of the trial court.

Appellant, Felton Neville Jackson, was indicted by a Wilson County grand jury for especially aggravated robbery and aggravated assault. He was convicted of both charges, and the trial court sentenced him to concurrent sentences of twenty-five years and six years, respectively. He now appeals his convictions and sentences on the following grounds: (1) the trial court erred by allowing a police officer to offer an allegedly testimonial statement attributed to the victim; (2) the evidence was insufficient to sustain his convictions; and (3) his sentences are excessive. Following our review, we discern no error and affirm appellant’s convictions. However, we vacate the judgments in this case and remand this cause for entry of a single judgment of conviction noting merger of the aggravated assault conviction into the especially aggravated robbery conviction.

The Petitioner, Jeremy Keeton, appeals as of right from the Wayne County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel because his trial counsel failed to secure the appearance of several witnesses at his trial. Discerning no error, we affirm the judgment of the post-conviction court.

The petitioner, Clarence Dewayne Hayes, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief, in which he alleged the ineffective assistance of trial counsel and the misconduct of the prosecutor. We affirm the order of the post-conviction court.