APPELLATE COURT OPINIONS

On March 31, 1994, the petitioner entered a plea of nolo contendere to two counts of aggravated rape, a Class A felony, and was sentenced as a Range I offender to fifteen years for each count. The plea agreement required the sentences to be served consecutively. The petitioner brought a petition for the writ of habeas corpus, alleging that the trial court lacked jurisdiction to impose consecutive sentences and that the judgments were consequently void. The trial court denied the petition. Following our review, we affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals.

After a trial by jury, the defendant was found guilty of aggravated burglary, a Class C felony, attempted aggravated burglary, a Class D felony, and theft of property over $500, a Class E felony. He was sentenced to a total effective sentence of 25 years. On appeal, the defendant claims that the trial court erred by (1) denying his motion to dismiss his indictment or suppress testimony regarding destroyed evidence; (2) allowing the State to present certain photographs taken of the defendant, on grounds that they were not properly authenticated; and (3) ordering him to serve his sentence on the attempted aggravated burglary consecutively to his sentence for aggravated burglary because both crimes should have been considered part of the same criminal episode. We conclude that the defendant has waived the first claim by virtue of his failure to prepare an adequate brief and record and that the trial court did not err by allowing admitting the photographs and ordering consecutive sentences. We affirm the judgments of the trial court accordingly.

On January 18, 2011, Petitioner, Kevin DeWitt Ford, filed a pro se petition for writ of error coram nobis. He subsequently submitted two amended petitions, also pro se. Petitioner attacked seven convictions in the Davidson County Criminal Court for aggravated robbery. Petitioner pled guilty to the offenses but reserved for appeal a certified question of law. On appeal, this court affirmed the convictions. State of Tennessee v. Kevin DeWitt Ford and Clifford Sylvester Wright, No. M2003-00957-CCA-R3-CD, 2005 WL 677280 (Tenn. Crim. App. Mar. 23, 2005) perm. app. denied, (Tenn. Oct. 24, 2005). Petitioner’s post-conviction relief petition was denied by the trial court. This Court affirmed. Kevin DeWitt Ford v. State of Tennessee, No. M2007-01727-CCA-R3-PC, 2009 WL 564226 (Tenn. Crim. App. Mar. 5, 2009) perm. app. denied (Tenn. June 15, 2009). The coram nobis court dismissed the petition, as amended, without an evidentiary hearing, on two bases. First, the petition was filed outside the applicable statue of limitations. Second, even if the petition had been timely field, it did not state a cognizable claim for a writ of error coram nobis. We affirm the judgment of the coram nobis court.

The Petitioner, William Fisher, appeals from the Hickman County Circuit Court’s denial of his petition for the writ of habeas corpus. He contends that his sentence has expired. We affirm the judgment of the trial court.

The Petitioner, Francisco Miquel Jose,appeals from the Putnam County Criminal Court’s denial of his petition for post-conviction relief. On appeal, he contends that his 2004 guilty plea to misdemeanor theft of property was not knowingly made because he was not advised of the immigration consequences of his guilty plea, that the statute of limitations should be tolled because Padilla v. Kentucky, 130 S. Ct. 1473 (2010), announced a new rule of constitutional law that did not exist at the time of his plea, and that due process requires tolling of the statute of limitations due to the circumstances surrounding his guiltyplea. We affirm the judgment of the trial court.

The Petitioner, Calvin D. Norris, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2007 conviction for possession with intent to sell one-half gram or less of cocaine and his ten-year sentence. On appeal, the Petitioner contends that his guilty plea was unknowing, involuntary, and unintelligent because he was denied the effective assistance of counsel. We affirm the judgment of the trial court.

The appellant, Devarick D. Nicks, pled guilty in the Montgomery County Circuit Court to two counts of possession of .5 grams or more of cocaine with intent to sell or deliver. Pursuant to the plea agreement, the trial court was to determine the length and manner of service of the sentences. After a sentencing hearing, the appellant received an effective eight-year sentence to be served in the Tennessee Department of Correction (TDOC). The appellant contends on appeal that the trial court erred by ordering him to serve his sentences in confinement. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Defendant, Larry Wade, was indicted by the Hamilton County Grand Jury for premeditated murder, felony murder, and especially aggravated robbery. Following a pretrial hearing on Defendant’s motion to suppress, which the trial court took under advisement, Defendant entered a guilty plea to second degree murder on the same day as the suppression hearing. Defendant subsequently filed a motion to withdraw his guilty plea, which the trial court denied after two separate hearings. On appeal, Defendant asserts that the trial court’s failure to rule on his motion to suppress prior to accepting his guilty plea violated his due process rights, and consequently, Defendant’s guilty plea was unknowingly and involuntarily entered, and Defendant asserts that it was a manifest injustice to deny Defendant’s motion to withdraw his guilty plea. After a careful review of the record, we affirm the judgment of the trial court.

The Defendant-Appellant, Richard Hanke, Sr., entered a plea of guilty in the Madison County Circuit Court to robbery (count one), aggravated burglary (count two), aggravated assault (count three), and two counts of kidnapping (counts four and five), all Class C felonies. He additionally pleaded guilty to retaliation for past action (count six) and possession of a weapon with intent to employ in offense (count seven), both Class E felonies. The trial court imposed a term of six years’ confinement for the robbery, aggravated burglary, aggravated assault, and each kidnapping. It further imposed a sentence of two years for possession of a weapon with intent to employ in offense and retaliation for past action. The trial court ordered the concurrent term of six years’ confinement in counts one, two, and four to be served consecutively to the concurrent term of six years’ confinement imposed in counts three, five, and seven. Count six was ordered to be served consecutively to all other counts, for an effective sentence of fourteen years in the Tennessee Department of Correction. The sole issue presented for our review is whether the trial court erred in ordering partially consecutive sentencing. Finding no abuse of discretion, we affirm the judgments of the trial court.

The petitioner, Klein Adlei Rawlins, appeals the Sumner County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted by a jury of first degree felony murder and aggravated child abuse. He was sentenced to consecutive sentences of life with the possibility of parole and twenty years. On appeal, he contends that the post-conviction court erred: (1) by concluding that he received the effective assistance of counsel; and (2) by denying his request for funds to assist post-conviction counsel in investigation of the post-conviction petition. Following review of the record, we find no error and affirm the denial of relief.

The Petitioner, Carlos C. Beasley, pro se, appeals the Lauderdale County Circuit Court’s denial of his petition for a writ of habeas corpus from his 1998 especially aggravated robbery conviction and resulting twenty-four-year sentence. The Petitioner contends that the trial court erred by denying him habeas corpus relief. He argues that his conviction and sentence are void because the indictment was defective. We affirm the judgment of the trial court.

The Petitioner, Cortino Harris, appeals as of right from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel because trial counsel failed to investigate and call at trial several eyewitnesses to the crime. Following our review, we affirm the judgment of the post-conviction court.

The Defendant, Christopher Wheeler, entered open guilty pleas to twenty counts of sexual exploitation of a minor and one count of aggravated statutory rape. After a sentencing hearing, the trial court ordered the Defendant to serve sixteen years in the Department of Correction. On appeal, the Defendant contends that the trial court’s sentence is excessive and contrary to law and that concurrent sentencing on all counts would have been appropriate. Following our review, we conclude that the trial court did consider the purposes and principles of the sentencing act, that the evidence in the record does not preponderate against the trial court’s findings, and that the trial court did not abuse its discretion in determining the length of the Defendant’s sentence. Thus, the judgments of the trial court are affirmed.

The Defendant, Nickalos Boyce, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and sentenced as a Range I, standard offender to eight years in the Tennessee Department of Correction. On appeal, the Defendant argues that the evidence is insufficient to sustain his conviction. We affirm the judgment of the trial court.

Appellant, Ian Michael Boone Parks, was charged by criminal information with one count of aggravated assault in Claiborne County. Appellant pled guilty, and the trial court held a sentencing hearing. The trial court sentenced Appellant to a five-year sentence of confinement as a Range I, standard offender. On appeal, Appellant argues that the sentence imposed by the trial court was not supported by the evidence. After a thorough review of the record, we have determined that Appellant failed to include both the transcript of the guilty plea and the presentence report. These documents are necessary for an adequate review of the issues presented. Because we do not have these documents, we must conclude that the trial court’s sentences are supported by the evidence. Therefore, the judgment of the trial court is affirmed.

A Putnam County jury convicted the Defendant, Gerald Eugene White, of possession of more than .5 grams of cocaine with intent to sell or deliver and simple possession of oxycodone. The trial court sentenced the Defendant as a career offender to an effective sentence of thirty years in the Tennessee Department of Correction. The Defendant appeals, arguing that: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it allowed testimony in violation of Tennessee Rule of Evidence 404(b); (3) the State made an improper closing argument; and (4) the trial court improperly sentenced the Defendant as a career offender. After a thorough review of the record and relevant law, we affirm the trial court’s judgments.

A Knox County Criminal Court Jury convicted the appellant, Clois Dean Asbury, of driving under the influence (DUI), seventh offense; leaving the scene of an accident involving injury; and leaving the scene of an accident involving property damage greater than $400. In addition, the trial court found that he violated the implied consent law. After a sentencing hearing, the appellant received an effective sentence of two years, eleven months, and twenty-nine days to be served in confinement for the convictions. As a result of his violating the implied consent law, his driver’s license was suspended for one year. On appeal, the appellant contends that (1) the trial court erred by allowing the prosecuting officer to testify as the State’s fourth witness, (2) the trial court erred by refusing to dismiss the indictment or give a special jury instruction when the State lost evidence, and (3) the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

The Defendant, Willie Lewis, was found guilty by a Shelby County Criminal Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210(a)(1) (2010). He was sentenced as a Range I, violent offender to twenty-five years’ confinement. On appeal, the Defendant contends that the trial court erred by (1) excluding relevant testimony regarding the victim’s tattoo, (2) not permitting the Defendant to refer to the victim’s tattoo during closing argument, and (3) issuing a flight instruction that was not supported by the evidence. We affirm the judgment of the trial court.

The Petitioner, Aldrick D. Lillard, appeals as of right from the post-conviction court’s denial of relief from his convictions for first degree murder, especially aggravated robbery, aggravated burglary, conspiracy to commit aggravated burglary, and conspiracy to commit aggravated robbery. The Petitioner alleges that the post-conviction court committed reversible errors by (1) refusing to allow the Petitioner to amend his petition for postconviction relief during the evidentiary hearing; (2) finding that the post-conviction hearing testimony from the assistant district attorney regarding his discussions during trial with the Petitioner’s trial counsel was irrelevant; and (3) concluding that the Petitioner failed to prove by clear and convincing evidence that his trial attorneys were ineffective. After an evidentiary hearing, the post-conviction court merged the Petitioner’s two conspiracy convictions but found that the Petitioner failed to prove any additional allegations in his petition for relief. Following our review, we reverse the post-conviction court’s ruling prohibiting the Petitioner from amending his petition during the evidentiary hearing.We also conclude that the post-conviction court’s finding that the prosecutor’s testimony was irrelevant was in error, albeit harmless. In all other respects, we affirm the judgment of the post-conviction court.

The Defendant, Leslie Jacquinte Fetters, pled guilty to two counts of aggravated robbery and agreed to allow the trial court to determine his sentence. The plea agreement was based upon the Defendant being sentenced as a Range I offender to concurrent sentences. After a hearing, the trial court sentenced the Defendant to eleven years, at 30%, for each conviction and ordered that the sentences run concurrently as contemplated by the plea agreement. On appeal, the Defendant contends that his sentence is excessive. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgment.

A Knox County Criminal Court jury convicted the defendant, Kenneth Edward Watts, of vandalism of property valued at $1,000 or more but less than $10,000 and attempted theft of property valued at $1,000 or more but less than $10,000. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction for attempted theft of property. We determine that sufficient evidence exists to support the defendant’s conviction of attempted theft of property valued at $1,000 or more but less than $10,000 and affirm that judgment. We conclude, however, that the trial court’s order concerning the vandalism count is inconsistent with the trial court’s ruling at the motion for new trial hearing. Therefore, we remand as to that count for entry of a corrected order properly effectuating the intent of the trial court.

The Defendant, Dennis Marshall, was convicted by a Shelby County Criminal Court jury of two counts of possession with intent to sell twenty-six grams or more of cocaine, a Class B felony. See T.C.A. § 39-17-417 (2010). The trial court merged the convictions and sentenced the Defendant as a multiple offender to sixteen years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and that the trial court committed plain error (2) by denying him an open and public trial; (3) by admitting hearsay statements into evidence; (4) by admitting evidence of other investigations; (5) by admitting evidence of the utility account holder at the home in which the drugs were found; (6) by admitting evidence about his having money but no job; (7) by admitting nonexpert testimony about the value of the cocaine found at the crime scene; (8) by admitting evidence about the recovery of a razor blade at the scene; and (9) by admitting evidence of his personal relationship with a minor female. We affirm the judgment of the trial court.

The Petitioner,Antwain TapaigeSales,appeals the Bedford County Circuit Court’s summary dismissal of his petition for post-conviction relief from his conviction for second degree murder and resulting forty-year sentence. On appeal, he contends that the trial court erred in determining that he failed to satisfy the threshold burden to warrant an additional hearing regarding whether the statute of limitations should have been tolled due to his mental incompetence. We affirm the judgment of the trial court.

The State appeals the trial court’s dismissal of the following charges against the Defendant, Jimmy Joyner: driving under the influence ("DUI"), third offense; violation of the open container law; and failure to maintain a traffic lane. The trial court dismissed the charges finding that the State had not commenced prosecution before the expiration of the statute of limitations. After a thorough review of the record and relevant authorities, we conclude that the trial court improperly dismissed the charges because the Defendant waived his preliminary hearing and agreed to allow the case to be bound over to the grand jury before the expiration of the statute of limitations. Therefore, the judgment of the trial court is reversed, and the case is remanded for reinstatement of the indictments against the Defendant.

A Knox County Criminal Court Jury convicted the appellant, Mark Takashi, of aggravated child abuse and aggravated child neglect, Class A felonies. The trial court merged the convictions, and the appellant received a twenty-five-year sentence to be served at 100%. On appeal, the appellant contends that the trial court erred by allowing him to represent himself at trial and that his sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.