APPELLATE COURT OPINIONS

Following a traffic stop premised on a possible violation of Tennessee Code Annotated section 55-9-107 (the window tint statute), appellees were charged with several drug offenses.  Appellee Shaun Anthony Davidson was indicted for possession with intent to sell or deliver 0.5 grams or more of cocaine in a drug-free zone.  Appellee Deedra Lynette Kizer was indicted for possession or casual exchange of hydrocodone.  Both appellees were indicted for possession or casual exchange of marijuana.  The trial court granted the appellees’ motion to suppress evidence, ruling that Tennessee Code Annotated section 55-9-107(c) was unconstitutionally vague and overbroad.  As a result, the case was dismissed.  The State now appeals, arguing that Tennessee Code Annotated section 55-9-107(c) is constitutional.  We reverse the ruling of the trial court, reinstate the indictment, and remand for further proceedings consistent with this opinion.
 

The Petitioner, Bruce Elliot, challenges the post-conviction court’s finding that he received the effective assistance of counsel at trial and its denial of post-conviction relief from his jury convictions for conspiracy to deliver 300 grams or more of cocaine within 1,000 feet of a school, conspiracy to possess 300 grams or more of cocaine, possession of 300 grams or more of cocaine, all Class A felonies; money laundering, a Class B felony; possession of over one-half ounce of marijuana and possession of a firearm by a convicted felon, both Class E felonies.  The Petitioner contends that his trial counsel’s failure to file a motion to suppress the wiretaps on his telephone, which provided the basis for all evidence subsequently obtained against him, was deficient and that he was prejudiced by this deficiency.  Upon consideration of the record and the applicable authorities, we affirm the judgment of the post-conviction court.

This matter is before the Court upon the State’s motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals.  Petitioner, Gary Wayne Garrett, has appealed the Wayne County Circuit Court order dismissing his second petition for writ of habeas corpus in which Petitioner alleged that the trial court failed to order mandatory pre-trial jail credits.  Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals.  Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

The Petitioner, Joseph L. Coleman, appeals the Shelby County Criminal Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that the habeas corpus court erred when it dismissed his petition because his sentence is void and unconstitutional. Upon a review of the record in this case, we are persuaded that the habeas court properly dismissed the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed.

The Defendant-Appellant, Clay Stuart Gregory, was convicted by a Humphreys County jury of aggravated robbery, first degree felony murder, and premeditated first degree murder.  The first degree murder convictions merged into a single conviction for which the trial court sentenced the Defendant to life in prison.  The trial court then sentenced the Defendant to eight years for aggravated robbery to be served concurrently to his life sentence.  On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it refused to grant the Defendant’s recusal motion; and (3) the trial court improperly denied the Defendant’s motion to suppress.  Upon review, we affirm the trial court’s judgments.

The defendant, Demetrius Hollins, appeals his Shelby County Criminal Court jury convictions of attempted second degree murder and especially aggravated robbery, challenging the sufficiency of the convicting evidence and the exclusion of certain evidence, as well as the imposition of consecutive sentencing. Discerning no error, we affirm.

Defendant-Appellant, Morris Wayne Adcock, was indicted by a Davidson County Grand Jury for aggravated assault and domestic assault.  A jury convicted him of the lesser included offense of simple assault and the charged offense of domestic assault, Class A misdemeanors.  The trial court merged the simple assault conviction with the domestic assault conviction and sentenced Adcock to eleven months and twenty-nine days in the county jail.  On appeal, Adcock argues:  (1) the trial court erred in failing to rule on the defense’s objection to one of the prosecutor’s questions to Joshua Jernigan; (2) the State committed prosecutorial misconduct; (3) the cumulative effect of the errors entitles him to relief; and (4) his sentence is excessive.  Upon review, the judgment of the trial court is affirmed.

The Defendant, Keenan Scott McNeal, was convicted by a Blount County jury of possession of 0.5 grams or more of a substance ontaining cocaine with intent to sell or distribute within 1,000 feet of a child care facility, a Class B felony, and received a sentence of eight years in the Tennessee Department of Correction. The sole issue presented for our review is whether the evidence is sufficient to support the Defendant’s conviction. Upon our review, the judgment of the trial court is affirmed.

The Defendant, Travis Lee Dobson, pled guilty to one count of vehicular homicide as a Range I, standard offender, and the trial court imposed twelve years’ incarceration.  On appeal, the Defendant argues that the trial court erred by imposing the maximum sentence and by denying any form of alternative sentencing.  Following our review, we affirm the judgment of the trial court.
 

The Defendant, Cynthia J. Finch, was indicted for one count of fabricating evidence, a Class C felony; one count of forgery of $1,000 or more but less than $10,000, a Class D felony; and one count of forgery of less than $1,000, a Class E felony. See Tenn. Code Ann. §§ 39-14-105, -14-114, -16-503. Following a jury trial, the Defendant was acquitted of the fabricating evidence count and convicted of the two forgery counts. The trial court sentenced the Defendant as a Range I, standard offender to two years to be served on unsupervised probation. In this appeal as of right, the Defendant contends (1) that the statute allowing a district attorney general to specially appoint the attorney general and reporter to conduct specific criminal proceedings violates the Tennessee Constitution; (2) that the evidence was insufficient to sustain the Defendant’s convictions; (3) that the trial court erred by excluding evidence of a settlement in a civil lawsuit between the Defendant and Knox County; (4) that the trial court erred in instructing the jury with respect to its definition of “value” and in denying the Defendant’s request for an instruction on the rule of cancellation; (5) that the State abused its discretion in denying the Defendant’s request for pretrial diversion; (6) that the trial court abused its discretion in denying the Defendant’s request for judicial diversion; and (7) that the trial court erred in its determination that the Defendant was not an especially mitigated offender. Following our review, we affirm the judgments of the trial court.

I concur with the majority opinion in all respects save one. I believe the Defendant should have been granted judicial diversion, given the circumstances of this case, the Defendant’s excellent background, and the circumstances existing in Knox County relative to official misconduct and the granting of diversion.

Petitioner, Quamine Jones, was convicted of first degree premeditated murder by a Shelby County jury. See State v. Quamine Jones, No. W2007-01111-CCA-R3-CD, 2008 WL 4963516, at *1 (Tenn. Crim. App, at Jackson, Nov. 21, 2008), perm. app. denied, (Tenn. Apr. 27, 2009). Petitioner’s conviction was affirmed on direct appeal, and the supreme court denied permission to appeal. Id. Petitioner later sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing on the petition, the post-conviction court denied relief. Petitioner appeals, challenging the denial of post-conviction  relief. After a review of the record, we affirm the judgment of the post-conviction court because Petitioner has failed to demonstrate that the record preponderates against the post-conviction court’s findings. Accordingly, the judgment of the post-conviction court is affirmed.

Appellant, Stanley Rooks, was convicted by a Shelby County jury of two counts of aggravated robbery, one count of attempted aggravated robbery, and one count of reckless endangerment with a deadly weapon. The trial court sentenced him to an effective sentence of thirty-four years. On appeal, he argues that the evidence was insufficient to support his convictions because the identification by the victim was not reliable. After a thorough review of the record, we conclude that the evidence was sufficient. Therefore, we affirm the judgments of the trial court.

The Petitioner, Robert E. Bonds Peeples, appeals as of right from the Shelby County Criminal 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 an expert witness to testify regarding the reliability of eyewitness identification. Discerning no error, we affirm the judgment of the post-conviction court.

In 1994, the Petitioner, Dexter F. Johnson, was convicted of two counts of first degree murder, one count of attempted first degree murder, and one count of attempted aggravated burglary.  The Petitioner pled guilty in an agreement that provided that he would receive a life sentence for the two first degree murder convictions, twenty-five years for the attempted first degree murder conviction, and six years for the attempted aggravated burglary conviction.  Thereafter, the Petitioner filed four unsuccessful petitions for habeas corpus relief.  See Dexter F. Johnson v. Carlton, Warden, E2008-02032-CCA-R3-HC, 2010 WL 323126 (Tenn. Crim. App., at Knoxville, Jan. 27, 2010), perm. app. denied (Tenn. June 30, 2010).  The Petitioner then filed a fifth petition for habeas corpus relief, which the habeas corpus court summarily dismissed.  The Petitioner appeals, contending that the habeas corpus court erred when it dismissed his petition because the State’s motion to dismiss did not comply with Tennessee Code Annotated section 29-21-116, as the State did not attach a judgment form or indictment to the motion to dismiss.  Upon a review of the record in this case, we conclude that the habeas corpus court properly denied the petition for habeas corpus relief.  Accordingly, we affirm the judgment of the habeas corpus court.
 

The defendant, Kevin Clark, appeals his Overton County Criminal Court jury convictions of two counts of first degree murder, aggravated arson, abuse of a corpse, reckless endangerment, and two counts of aggravated assault.  In this appeal, the defendant contends that the trial court erred by admitting into evidence the videotaped deposition of a State’s witness in lieu of live testimony, that the trial court erred by admitting evidence of forensic testing conducted on the defendant’s shoes and clothing, and that the evidence was insufficient to support his convictions of first degree murder.  Discerning no error, we affirm.
 

A Shelby County jury convicted the Defendant, Willie Gatewood, of attempt to commit first degree premeditated murder and aggravated burglary. The trial court sentenced the Defendant to fifty-five years for the attempt to commit first degree premeditated murder conviction and to thirteen years for the aggravated burglary conviction. The trial court ordered the sentences to be served consecutively in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After a thorough review of the record and applicable authorities, we discern no error in the judgments of the trial court. Accordingly, the judgments of the trial court are affirmed.

Appellant, Cleo Henderson, was convicted by a Shelby County jury of second degree murder. The trial court sentenced him as a Range II, violent offender to forty years in the Tennessee Department of Correction. On appeal, appellant has presented several issues that we have deemed waived; however, we have reviewed his sufficiency of the evidence and sentencing issues. Following our review, we affirm the judgment of the trial court.

In 2006, the Petitioner, Louis Mayes, was convicted of first degree premeditated murder. The trial court sentenced him to life in prison. This Court affirmed the Petitioner’s convictions on appeal. State v. Louis Mayes, No. W2007-02483-CCA-R3-CD, 2009 WL 1312629, at *1 (Tenn. Crim. App. May 11, 2009), perm. app. denied (Tenn. Oct. 19, 2009). In 2013, the Petitioner filed a petition for a writ of error coram nobis in which he presented multiple claims, including his right to a hearing to present newly discovered evidence. The coram nobis court summarily dismissed the petition on the basis that the petition was timebarred. On appeal, the Petitioner alleges that the coram nobis court erred when it dismissed his petition, contending that the newly discovered evidence warrants a waiver of the statute of limitations. After a thorough review of the record and applicable authorities, we affirm the coram nobis court’s judgment.

The defendant, Terrance Demond Moses, was convicted by a jury of first degree (premeditated) murder and of the Class E felony of possession of a handgun after having been convicted of a felony. He was sentenced to life imprisonment for the first degree murder conviction and to a concurrent four years’ incarceration for the handgun possession. On appeal, the defendant challenges the sufficiency of the evidence; asserts that the gun was admitted into evidence in error; and contends that the trial court erred in permitting the State to exercise a peremptory challenge against a prospective juror. Having reviewed the record, we discern no error and affirm the judgments of the trial court.

Appellant, Tyler James Reed, stands convicted of felony murder committed in the perpetration of a burglary, aggravated burglary, and employment of a firearm with intent to go armed during the commission of a dangerous felony.  The trial court sentenced him to life in prison for the murder conviction, six years for the aggravated burglary conviction, and six years for the firearm conviction, with all sentences to be served consecutively in the Tennessee Department of Correction.  On appeal, appellant argues that (1) the trial court erred by denying his motion to suppress all of the statements he made on October 30, 2009, and the physical evidence obtained as a result of those statements; (2) the evidence was insufficient to support the murder and aggravated burglary convictions; (3) the trial court erred by failing to instruct the jury regarding self-defense and voluntary intoxication; and (4) he is entitled to a new trial due to prosecutorial misconduct.  Following our careful review of the record, the arguments of the parties, and the applicable law, we affirm the judgments of the trial court. 
 

Petitioner was convicted of one count of aggravated robbery and one count of aggravated assault. The trial court sentenced petitioner to twenty years as a Range II, multiple offender for his aggravated robbery conviction and to fifteen years as a Range III, persistent offender for his aggravated assault conviction, to be served consecutively. He unsuccessfully appealed his convictions and sentences. See State v. Claude Phillips, No. W2008-02810-CCA-R3-CD, 2010 WL 2695328, at *1 (Tenn. Crim. App. July 7, 2010). Petitioner then filed the current petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received ineffective assistance of counsel when trial counsel failed to properly investigate petitioner’s mental health condition and failed to present mitigating evidence at his sentencing hearing. Following our review of the parties’ arguments, the record, and the applicable law, we affirm the judgment of the post-conviction court.

Petitioner, Brandon Ostein, pleaded guilty to possession of over 300 grams of cocaine with intent to sell in a drug-free school zone.  In accordance with petitioner’s plea agreement, the trial court imposed the minimum sentence of fifteen years to be served at one hundred percent in the Tennessee Department of Correction.  Petitioner filed the current petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel and that his guilty plea was not entered knowingly, voluntarily, or intelligently.  Following an evidentiary hearing, the post-conviction court denied relief.  On appeal, petitioner argues that he received ineffective assistance of counsel when trial counsel: (1) failed to communicate with petitioner prior to his entering the guilty plea and (2) failed to properly advise him regarding his sentencing range.  He further argues that these errors, compounded with the trial court’s failure to inform him of the applicable range of punishment, rendered his guilty plea involuntary.  Following our review of the parties’ arguments, the record, and the applicable law, we affirm the judgment of the post-conviction court.
 

Angelo John Amalio, alias Angelo Gustavo Amalio (“the Defendant”) pleaded guilty to two counts of aggravated assault and one count of public intoxication. The plea agreement provided that the Defendant would serve an effective sentence of five years to be suspended to supervised probation following service of eleven months, twenty-nine days’ incarceration, with restitution to be determined by the trial court. After the restitution hearing, the trial court ordered the Defendant to pay $3,600 in restitution to the victim. On appeal, the Defendant challenges the amount of restitution imposed by the trial court and claims that the trial court failed to consider the Defendant’s ability to pay. Upon a thorough review of the record, we affirm the trial court’s judgments.

Petitioner, Joby Lee Teal, filed a “Petition . . . for Extraodinary Relief” in the Criminal Court of Shelby County, asserting that four convictions in 1988 are invalid. The trial court dismissed the petition without an evidentiary hearing. On appeal, Petitioner asserts he is entitled to relief because the four convictions, entered as a result of a negotiated plea agreement, are void because they were illegally ordered to be served concurrently with each other. For the reasons set forth below, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.