APPELLATE COURT OPINIONS

Robert J. Skillen ("the Petitioner"), proceeding pro se, filed a petition for a writ of habeas corpus, alleging that the indictment for his two convictions for sexual battery by an authority figure and four convictions for rape of a child is defective because it failed to allege any facts constituting an offense. The habeas corpus court summarily denied relief, and this appeal followed. We affirm the habeas corpus court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

The Petitioner, Michael Brandon Adams, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus from his guilty plea conviction for aggravated child abuse, for which he is serving an eighteen-year sentence at 100%. The Petitioner contends that the trial court erred in dismissing the petition. We affirm the judgment of the trial court.

The defendant, Anthony D. Mathis, appeals the sentencing decision of the Washington County Criminal Court revoking his probationary sentence. The defendant pled guilty to facilitation of the possession of a Schedule II controlled substance for resale, a Class C felony, and was sentenced, as a Range II offender, to six years. However, the trial court suspended the sentence and ordered the defendant to serve eight years probation. Thereafter, a violation report was filed charging the defendant with multiple violations of the terms and conditions of his probation. Following a hearing, the trial court found that the defendant had left the county without permission in violation of the probationary agreement. The court revoked the defendant’s probation and ordered him to serve the six-year sentence. On appeal, the defendant contends that the court erred in that revocation. Following review of the record, we find no error and affirm the revocation of probation.

A Sullivan County jury convicted the Defendant-Appellant, Jeffrey Scott Gold, of aggravated child abuse and aggravated child neglect, Class A felonies, for which he received concurrent terms of twenty-two-years’ imprisonment. On appeal, he argues that the trial court erred in (1) granting the State’s motion to depose a prospective witness to preserve that witness’s testimony for trial; (2) denying his motion for judgment of acquittal as to the aggravated child neglect conviction; and (3) imposing an excessive sentence. Following a thorough review, we reverse and vacate the aggravated child neglect conviction. In regard to the other issues, the judgment of the trial court is affirmed.

Appellant, Myron Tyrone Harrison, entered a guilty plea to sale of a Schedule II controlled substance and received a seven-year suspended sentence. Subsequently, his probation officer filed probation violation warrants alleging that: (1) appellant had tested positive for cocaine on a drug test; (2) he had failed to obtain employment; and (3) he was arrested for public intoxication and failed to report the arrest. Following a hearing, the trial court revoked appellant’s probation and ordered execution of his sentence. Upon our review, we affirm the judgment of the trial court.
 

Appellant, John D. Pruitt, entered guilty pleas to vandalism of property valued at more than $500 but less than $1,000, burglary, felony escape, and theft of property valued at $10,000 or more but less than $60,000. Pursuant to the terms of the guilty plea, appellant received an effective six-year sentence, and the State dismissed the remaining charges against him. The parties submitted the issue of alternative sentencing to the trial court for determination. Following a sentencing hearing, the trial court ordered the effective six-year sentence to be served in the Tennessee Department of Correction (“TDOC”). Appellant contends that the trial court did not properly consider his request for split confinement. Following our review, we discern no error and affirm the judgments of the trial court.
 

The Petitioner, Ernest N. Bowen, appeals the Bedford County Circuit Court’s denial of his petition for post-conviction relief from his three convictions for selling a Schedule II controlled substance and one conviction for one possessing a Schedule II controlled substance for resale and resulting effective fifteen-year sentence. On appeal, the Petitioner claims that he received the ineffective assistance of trial counsel, which resulted in his pleading guilty unknowingly and involuntarily. Based upon the record and the parties’ briefs, we affirm the post-conviction court’s denial of the petition.

The Defendant, Alina Donegan, appeals as of right from the Dickson County Circuit Court’s order revoking her probation and requiring her to serve the remainder of her sentence in confinement. In September 2011, the Defendant pled guilty to one count of conspiracy to manufacture methamphetamine, a Class C felony; one count of possession of less than .5 grams of methamphetamine, a Class C felony; and one count of promotion of methamphetamine manufacture, a Class D felony. See Tenn. Code Ann. §§ 39-12-103, -17-417, -17-433. The trial court imposed an effective six-year sentence and suspended the sentence to probation upon the Defendant’s "successful entrance into and completion of the drug court" program. In this appeal as of right, the Defendant contends that the trial court violated her right to due process by not allowing her to present witnesses at the revocation hearing. Following our review, we affirm the judgments of the trial court.

The Polk County Grand Jury indicted Appellant, Davis Bradley Waldroup, Jr., for two counts of especially aggravated kidnapping, one count of first degree murder, and one count of attempted first degree murder. These charges stemmed from an altercation Appellant had with his wife and her best friend at his trailer on Kimsey Mountain. A jury convicted Appellant of one count each of aggravated kidnapping, especially aggravated kidnapping, voluntary manslaughter, and attempted second degree murder. The trial court sentenced Appellant to an effective sentence of thirty-two years. On appeal, Appellant argued that the evidence was insufficient to support his conviction of aggravated kidnapping, that the trial court erred in denying his motion for change of venue, erred in allowing the introduction into evidence of a photograph of one of the victim’s injuries, and erred in denying his motion for judgment of acquittal. After a thorough review of the record on appeal, we affirmed the judgments of the trial court. Appellant filed a Rule 11 application, pursuant to the Tennessee Rules of Appellant Procedure requesting an appeal to the Tennessee Supreme Court. On April 2, 2012, the Tennessee Supreme Court granted the application and remanded the case to this Court for reconsideration in light of the Tennessee Supreme Court’s decision in State v. White, 362 S.W.3d 559 (Tenn. 2012). After reconsidering the facts and circumstances of the case at hand with regard to our supreme court’s decision in White, we conclude the we must reverse the convictions for aggravated kidnapping and especially aggravated kidnapping and remand for a retrial on these two counts. We affirm all other judgments of the trial court.

A Knox County Grand Jury returned an indictment against Defendant, Ricky Wayne Davis, Jr. charging him with two counts of felony evading arrest, reckless endangerment, misdemeanor possession of marijuana, possession of drug paraphernalia, failure to provide evidence of financial responsibility, and failure to use a seat belt. After a jury trial, Defendant was found guilty of one count of evading arrest, misdemeanor possession of marijuana, failure to provide evidence of financial responsibility, and violation of the seatbelt law. He was found not guilty of one count of evading arrest and reckless endangerment, and the trial court dismissed the charge of possession of drug paraphernalia. The trial court sentenced Defendant to two years of probation for felony evading arrest and eleven months, twenty-nine days of probation for misdemeanor possession of marijuana, to be served concurrently. The trial court also imposed a fine of ten dollars for the seat belt violation and a fine of one-hundred dollars for failure to provide evidence of financial responsibility. On appeal, Defendant argues that (1) the trial court erred by denying his motion to suppress the evidence found in his vehicle; and (2) the evidence was insufficient to support his conviction for felony evading arrest. After a thorough review, we reverse the conviction for misdemeanor possession of marijuana. All other judgments are affirmed.

The defendant, Hoyte Mitchell Hobbs, appeals from his Warren County Circuit Court guilty-pleaded conviction of attempted second degree murder, claiming that the trial court erred by imposing a fully incarcerative sentence. Discerning no error, we affirm.

The defendant, Shirley Mason, appeals her Bedford County Circuit Court jury conviction of the sale of less than .5 grams of a substance containing cocaine base, claiming that racial discrimination tainted the jury selection process in her case and that the trial court erred by refusing to strike the State’s notice seeking enhanced punishment. Discerning no error, we affirm.

The petitioner, Jerome Williams, appeals the Wayne County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. In this appeal, the petitioner claims entitlement to habeas corpus relief on the basis that the trial court was without jurisdiction to enter his 1986 conviction of aggravated rape because the indictment failed to allege an offense. Discerning no error, we affirm the judgment of the habeas corpus court.

The defendant, Ronald McMillan, appeals from his Davidson County Criminal Court guilty-pleaded conviction of aggravated assault, claiming that the trial court erred by denying his motion to withdraw his guilty plea and by ordering that he serve his six-year sentence consecutively to a previously-imposed eight-year sentence. Discerning no error, we affirm.

The defendant, Timothy Shane Hixson, appeals his Davidson County Criminal Court jury conviction of aggravated robbery, challenging the sufficiency of the convicting evidence and the exclusion of certain evidence. Discerning no error, we affirm.
 

I respectfully disagree with the majority’s conclusion that the evidence supports the verdict of first degree murder. In my view, the element of premeditation was not established beyond a reasonable doubt.

 The Petitioner, Yovonda S. Chambers, pled guilty to one count of identity theft and agreed to allow the trial court to determine sentencing. Pursuant to the plea agreement, the State entered a nolle prosequi as to a second count of identity theft. After a sentencing hearing, the trial court sentenced the Petitioner to four years to be served on intensive probation. The Petitioner timely filed a petition seeking post-conviction relief on the basis of ineffective assistance of counsel, which the post-conviction court denied after a hearing. The Petitioner appeals the post-conviction court’s denial, claiming that her attorney failed to adequately investigate the case, discuss the case with the Petitioner, and properly prepare for sentencing. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment.
 

A Davidson County Grand Jury convicted the Defendant-Appellant, Lam Hoang Nguyen, of sexual battery, for which he was sentenced to 18 months probation after service of 10 days in confinement. In this appeal, Nguyen argues (1) the evidence was insufficient to sustain his conviction for sexual battery; and (2) he was denied a fair and impartial trial due to jury bias. Upon review, we affirm the judgment of the trial court.

Pursuant to a plea agreement, the Defendant-Appellant, Gregory D. Valentine, entered best interest pleas to twenty counts of identity theft, six counts of criminal simulation, one count of forgery, one count of theft of property valued at $10,000 or more but less than $60,000, one count of money laundering, and one count of filing a false police report in exchange for an effective sentence of twelve years and eight months, with service of thirty-two months at seventy-five percent in confinement at the county jail followed by service of ten years at thirty percent on state probation. Shortly after entry of these judgments, Valentine filed three pro se motions to set aside his pleas, which the trial court denied without a hearing. Valentine appealed, and this court reversed the trial court and remanded the case for an evidentiary hearing. See State v. Gregory Darnell Valentine, No. M2010-02356-CCA-R3-CD, 2012 WL 3263117 (Tenn. Crim. App. Aug. 10, 2012). On remand, the trial court conducted an evidentiary hearing and again denied the motions. On appeal, Valentine argues that the trial court erred in denying his motions to set aside his best interest pleas. Upon review, we affirm the judgment of the trial court.

The appellant, Michael Dewey Ellington, was convicted of the first degree premeditated murder of his girlfriend, Julia Kinsey, and was sentenced to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is not sufficient to support a conviction of first degree premeditated murder, that the trial court erred in excluding photographs depicting the contents of the victim’s purse, and that the trial court erred by admitting a photograph depicting the victim’s wounds. Upon review, we affirm the judgment of the trial court.

Charles King Morris (“the Defendant”) pleaded guilty to one count of theft over $1000 and, pursuant to his plea, was sentenced as a Range I, standard offender to a three-year sentence suspended to supervised probation. After the Defendant was arrested again for theft of property, his probation officer filed a probation violation report. The trial court subsequently held an evidentiary hearing, revoked the Defendant’s probation, and ordered the Defendant to serve the remainder of his original sentence in confinement. The Defendant appeals the trial court’s ruling. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.

The defendant, Tyris Lemont Harvey, appeals the sentencing decision of the Blount County Circuit Court following the revocation of his probationary sentence. The defendant pled guilty in multiple cases, over a period of years, and was serving an effective eleven-year sentence on supervised probation. A violation report was filed, and, following a hearing, the trial court revoked the defendant’s probation and ordered that the balance of the original sentences be served in confinement. On appeal, the defendant does not contest the trial court’s revocation, but argues that the court erred in ordering him to serve the balance of his sentence in confinement. After review, we conclude no error occurred and affirm the decision of the trial court.

The appellant, Don Maurice Taylor, pled guilty in the Gibson County Circuit Court to one count of second degree murder and two counts of aggravated assault. After a sentencing hearing, the trial court sentenced him to concurrent sentences of twenty-five years for the murder conviction, a Class A felony, and six years for each aggravated robbery conviction, a Class C felony. On appeal, the Petitioner contends that his effective twenty-five-year sentence is excessive because the trial court misapplied enhancement factors and failed to apply certain mitigating factors. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

The defendant, Keith C. Buckalew, was convicted by a Sumner County Criminal Court jury of solicitation of a minor to observe sexual conduct, a Class E felony, and assault, a Class B misdemeanor, and was sentenced to respective terms of four years and six months, to be served consecutively. On appeal, the defendant argues that: (1) the trial court erred in allowing the hearsay testimony of two minors under the excited utterance exception to the hearsay rule; (2) the trial court erred in failing to limit, in the second trial, the victim’s testimony about the defendant’s touching her breast; and (3) the trial court erred in failing to limit testimony of the State’s witnesses regarding the defendant’s consumption of alcohol. We conclude that the defendant has waived review of these claims and, accordingly, affirm the judgments of the trial court.
 

Terrance Lewis (“the Defendant”) was convicted by a jury of one count of second degree murder, two counts of attempted second degree murder, and three counts of attempted voluntary manslaughter. Following a sentencing hearing, the trial court imposed an effective sentence of ninety-five years. In this appeal, the Defendant contends that the evidence is not sufficient to support his convictions and that the trial court erred in sentencing him. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.