APPELLATE COURT OPINIONS

Pro se petitioner, Joby Lee Teal, seeks a declaratory judgment concerning the legality of his five 1988 convictions for drug offenses and the resulting concurrent five-year sentences he received as a result of a negotiated plea agreement. As grounds, petitioner argues that the sentences are void because he committed the offenses while on bail and should have received consecutive sentences. The Criminal Court for Shelby County found that declaratory judgment relief is not available to petitioner because his five concurrent sentences had expired. Upon review of the record, we affirm the denial of relief.

The Defendant, Denise Dianne Brannigan, was convicted by a Carter County jury of theft of property valued at more than $500 but less than $1,000 and three counts of fraudulent use of a credit card involving a value equal to or less than $500. Following a sentencing hearing, the trial court imposed terms of 5 years for the theft conviction and 11 months and 29 days for each fraudulent use of a credit card conviction. The trial court ordered consecutive service of the 5-year sentence and two of the 11-month and 29-day sentences. In this direct appeal, the Defendant argues (1) that the trial court erred by allowing evidence of prior uncharged conduct under Tennessee Rule of Evidence 404(b) and (2) that her sentence was excessive. After our review, we affirm.

Defendant, Robert Jason Burdick, was indicted by the Davidson County Grand Jury for especially aggravated kidnapping and aggravated rape. Defendant was convicted as charged by a jury and sentenced by the trial court to concurrent sentences of 20 years for each conviction. Defendant appeals his convictions and asserts that: 1) the evidence at trial was insufficient to support his convictions; and 2) the trial court erred by limiting Defendant’s cross-examination of a State’s witness and by denying Defendant the opportunity to make an offer of proof of his excluded cross-examination. Finding no error, we affirm the judgments of the trial court.

The Defendant, Courtney Rashad Farrell, pleaded guilty to possession with intent to sell or deliver 0.5 grams or more of cocaine, a Class B felony. As part of the Defendant’s guilty plea, he agreed to a sentence of between ten and twelve years as a Range I standard offender. The plea agreement provided that the trial court would determine the length of sentence within the agreed upon range as well as whether the sentence would run consecutively or concurrently with the Defendant’s prior twelve-year sentence. Following a sentencing hearing, the trial court ordered the Defendant to serve eleven years consecutively to his prior sentence. The Defendant appeals, arguing that the trial court imposed an excessive sentence. Upon review, we affirm the judgment of the trial court.
 

Raymond Thomas (“the Defendant”) was convicted by a jury of one count of selling less than .5 grams of cocaine, a Class C felony. After a hearing, the trial court sentenced the Defendant as a Range I, standard offender to three years of incarceration. The trial court ordered the Defendant to serve his sentence consecutively to a previous sentence. The Defendant now appeals, challenging the sufficiency of the evidence supporting his conviction and the consecutive service of his sentence. After a thorough review of the record, we affirm the judgment of the trial court.

Richard Carlton Pickard, Jr. (“the Defendant”) pled nolo contendere to one count of DUI, second offense, and one count of simple possession of Schedule IV contraband. He reserved five certified questions regarding the legality of his stop. Upon our thorough review of the record and applicable law, we hold that the Defendant is entitled to no relief. Accordingly, we affirm the judgment of the trial court.

The pro se petitioner, David Easton Jones, appeals the post-conviction court’s summary dismissal of his petition for post-conviction relief. Because due process considerations may toll the statute of limitations in this case and the post-conviction court did not make such determination, we reverse the post-conviction court’s summary dismissal of the petition and remand for further proceedings consistent with this opinion.

I respectfully dissent from the majority’s conclusion that due process considerations could toll the statute of limitations in this case. While there are instances when due process could toll the statute of limitations, this is not one of them. Accordingly, I would affirm the judgment of the post-conviction court summarily dismissing the petition for post-conviction relief.

The Defendant, Christopher Kennedy, pled guilty to aggravated sexual battery in exchange for a sentence of nine years to be served at 100%, followed by community supervision for life. After his release for that conviction, the Defendant was indicted for violating a condition of his community supervision. The Defendant filed a motion to declare Tennessee Code Annotated sections 39-13-524 through 526 unconstitutional “and/or” seek habeas corpus relief. After hearing the motion, the trial court granted relief, finding that Tennessee Code Annotated sections 39-13-524 through 526 violate double jeopardy protections. The State filed a timely notice of appealed. The Defendant cross appeals, asserting: (1) the community supervision for life statute is unconstitutional; and (2) the conditions for lifetime supervision established by the Board of Probation and Parole are void as the conditions are not enacted pursuant to the Uniform Administrative Procedures Act. Upon a review of the record, we conclude that the trial court improperly declared Tennessee Code Annotated sections 39-13-524 through 526 unconstitutional and that the trial court properly dismissed the remaining issues. Accordingly, we vacate the judgment of the trial court in part and affirm in part, and remand for further proceedings consistent with this opinion.

Appellant, Troy Fuller, was convicted by a Madison County jury of rape, aggravated criminal trespass, and violation of an order of protection. The trial court sentenced Appellant to an effective sentence of twelve years. On appeal, Appellant complains that the evidence was insufficient to support his convictions, the length of his sentence was excessive, that the jury was not instructed on the offense of assault and that his wife’s car was illegally searched. On appeal, we determine that the evidence was sufficient to support his convictions; he has waived any issue regrading his sentence because he failed to include a copy of the presentence report in the record; Appellant has waived any issue regarding an assault instruction because he failed to request one; and his constitutional rights were not violated by the search of the car because the knife, which was recovered from the search, was not
presented as evidence at trial. Therefore, we affirm the judgments of the trial court.

The Defendant-Appellant, Stoney R.Anderson,II,pled guilty in the Hickman County Circuit Court to possession of more than half an ounce of marijuana with intent to sell, a Class E felony. He was sentenced as a Range I, standard offender to two years’ probation. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, Anderson reserved the following certified question of law: “[w]hether the warrantless search of the Defendant’s bag is supported by exigent circumstances.” Upon review, we reverse and vacate the judgment of the trial court and dismiss the case.

The Defendant, Harriet Robertson Forrest, was indicted on nine counts of identity theft, a Class D felony. The Defendant pleaded guilty to all nine counts. As part of the plea agreement, the Defendant received a four-year sentence for each conviction as a Range II multiple offender with the sentences to run concurrently. The plea agreement provided that the manner of service would be determined by the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve her effective four-year sentence in confinement. The Defendant appeals, arguing that the trial court erred by denying her request for an alternative sentence. Upon review, we affirm the judgments of the trial court.

Defendant-Appellant, Channon Lee Williams, appeals from the Benton County Circuit Court’s order revoking his probation. He was originally convicted for the initiation of a process to manufacture methamphetamine, a Class B felony. He received a sentence of eight years, which was to be served on community corrections after one year’s imprisonment. On appeal, Williams argues that the trial court erred in revoking his probation and ordering him to serve the sentence in confinement. Upon review, we affirm the judgment of the trial court.

Appellant, Cornelius O. Williams, appeals the trial court’s denial of his motion to withdraw his guilty pleas. Appellant pled guilty to one count of rape of a child, two counts of especially aggravated sexual exploitation of a minor, and one count of aggravated sexual battery. He received an effective thirty-three year sentence to be served in confinement. The State raises an issue regarding appellant’s untimely notice of appeal. After considering the merits, we hold that the trial court properly denied appellant’s motion to withdraw his guilty pleas and affirm the judgment of the trial court.

After a bench trial, the Hickman County Circuit Court convicted the appellant, Troy Lee McDonald, of sexual battery, a Class E felony. The trial court sentenced him to two years to be served as thirty days in confinement and the remainder on supervised probation. On appeal, the appellant contends that the trial court should have granted his request for full probation. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

The defendant, Robbie E. Pickett, pleaded nolo contendere to one count of leaving the scene of an accident involving injury, see T.C.A. § 55-10-101. At sentencing, the trial court imposed a sentence of 11 months and 29 days’ confinement to be served at 75 percent before reaching release eligibility. On appeal, the defendant argues that the trial court improperly considered as enhancement its opinion that the facts of the case supported a greater charge and that the sentence is excessive. Discerning no error, we affirm the judgment of the trial court.

Much aggrieved by his convictions of aggravated rape and robbery and resulting 23-year sentence of imprisonment, the petitioner, Ricky Lee Morgan, filed a timely petition for post-conviction relief alleging that his guilty pleas were involuntarily and unknowingly entered due to the ineffective assistance of counsel. Following the appointment of counsel and an evidentiary hearing, the post-conviction court denied relief. Discerning no error, we affirm the post-conviction court’s order.

Following his Davidson County Criminal Court jury convictions of conspiracy to possess with the intent to sell 26 grams or more of cocaine, two counts of facilitation of the sale of 26 grams or more of cocaine, and possession of 26 grams or more of cocaine for resale, the petitioner filed a petition for post-conviction relief alleging that his convictions were caused by the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Discerning no error, we affirm the order of the post-conviction court.

The Petitioner, Cleven Johnson, pled guilty to several charges that spanned six different cases: one count of attempting to sell more than .5 grams of cocaine within a drug-free zone; three counts of possession of a weapon in the commission of a felony; one count of evading arrest; two counts of driving on a suspended license; two counts of driving without insurance; one count of driving under the influence, first offense; one count of simple possession of marijuana; one count of possession of a weapon; two counts of aggravated burglary; six counts of attempted especially aggravated kidnapping; one count of aggravated robbery; two counts of aggravated assault; one count of attempted aggravated sexual battery; one count of especially aggravated burglary; and one count of attempted first degree murder. The plea agreement included a total effective sentence of forty years. The Petitioner filed a petition for post-conviction relief, and the post-conviction court dismissed the petition after holding a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of his petition.

After being indicted for driving under the influence of intoxicants (DUI), reckless driving, and violation of the implied consent law, Defendant, Evan Deyo, entered into a negotiated plea agreement and reserved a certified question of law for appeal. The question reserved for appeal specifically states the issue as: “whether the Court erred in denying the Defendant’s Motion to Dismiss based on the fact that his pre-trial detention was not for a valid remedial purpose but rather was punitive.” After review of the record and the briefs, we affirm the judgment of the trial court.

Petitioner, Jesse Wade Glover, appeals from the post-conviction court’s denial of post conviction relief. Petitioner was convicted following a jury trial of facilitation of the promotion of methamphetamine manufacture, a Class E felony, and sentenced by the trial court as a Range II, multiple offender, to four years incarceration. This Court affirmed Petitioner’s conviction on direct appeal. State v. Jesse Wade Glover, No. W2008-00185- CCA-R3-CD, 2009 WL 2015230 (Tenn. Crim. App. at Jackson, filed July 13, 2009), perm. app. denied (Tenn., Nov. 23, 2009). A summary of the facts underlying Defendant’s conviction can be found in this Court’s opinion cited above. Defendant timely filed a pro se petition for post-conviction relief, asserting as grounds that he received the ineffective assistance of counsel at trial. Petitioner was appointed counsel to represent him. Following an evidentiary hearing, the post-conviction court denied relief. After a careful review of the record, we affirm the judgment of the post-conviction court.

A Davidson County jury convicted the Defendant, Demance Beasley, of first degree felony murder, aggravated assault, and possession of .5 grams or more of cocaine with the intent to sell or deliver. The trial court sentenced the Defendant to an effective sentence of life in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to sustain his conviction for felony murder because the State’s witnesses provided inconsistent testimony and were not credible. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

The Defendant, Weldon Christopher Frazier, was found guilty by a Knox County Criminal Court jury of two counts of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504 (2010). The trial court merged the convictions and sentenced the Defendant as a Range I, standard offender to eight years’ confinement. On appeal, the Defendant contends that the trial court erred by (1) denying his motion to suppress his initial statements to the police, (2) not granting a mistrial after a witness for the State mentioned polygraphs, plea negotiations, and used the word “confession” to characterize the Defendant’s statements to the police, and (3) refusing to give a jury instruction regarding his not fleeing. We affirm the judgment of the trial court.

The Petitioner, Dwight Randy Rowe, pled guilty to sale of a controlled substance in a drug-free school zone and to possession of a weapon during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of eleven years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, claiming his trial counsel was ineffective because he incorrectly advised him of parole eligibility and failed to throughly investigate the case or prepare a defense. After an evidentiary hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.

A Shelby County Grand Jury returned an indictment against Defendant, James Britt, charging him with premeditated first degree murder. Following a jury trial, Defendant was convicted of the offense and received a life sentence. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that the trial court erred in admitting two autopsy photographs. After a thorough review, we affirm the judgment of the trial court.