APPELLATE COURT OPINIONS

The appellant, Ricky Ronell Jones, pled guilty to rape, incest, and two counts of sexual battery relating to his eldest daughter and was convicted at trial of rape of a child and incest relating to his youngest daughter. He received a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court.

The Petitioner, Alisha J. Glisson, appeals the denial of post-conviction relief by the Davidson County Criminal Court. She was convicted of felony murder, aggravated robbery, and three counts of attempted aggravated robbery and received an effective sentence of life imprisonment. The sole issue raised in this appeal is whether trial counsel was ineffective by failing to subpoena a co-defendant at trial. Upon review, we affirm the judgment of the post-conviction court.

The defendant, Donna Dotson, pled guilty to violating her probation and now appeals the trial court’s order requiring her to serve her sentence in confinement. We affirm the judgment of the trial court in accordance with Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

In a three-count indictment returned by the Hamilton County Grand Jury, Defendant, Emory Leslie Letson, was charged in Count 1 with attempted first degree murder of Jason Kellogg, and in Counts 2 and 3, with reckless endangerment with a deadly weapon, with each count involving a different named victim. Pursuant to a negotiated plea agreement, Count 1 was amended to a charge of aggravated assault to which Defendant pled guilty. He also pled guilty to Count 2 as charged (which involved a minor as the victim), and Count 3 was dismissed. Pursuant to the agreement, the length and manner of service of sentences for the convictions was determined by the trial court. Defendant was sentenced to serve six years as a Range I standard offender for the aggravated assault conviction, and to serve two years as a Range I standard offender for the reckless endangerment conviction. The sentences were ordered to be served concurrently with each other, and all forms of alternative sentencing were denied. On appeal, Defendant argues that the sentences are excessive and that the trial court erred by denying full probation or some other form of alternative sentencing. After a review of the record and the briefs, we affirm the judgments of the trial court.

The Defendants, Frederick Edward Braxton and Leonard Cardell Harris, were indicted for attempted premeditated first degree murder. Additionally, Defendant Braxton was charged with possession of marijuana, which was severed as unrelated. Following a jury trial, Defendants were convicted of attempted second degree murder. Defendant Braxton was sentenced to serve nineteen years in confinement as a Range II offender, and Defendant Harris was sentenced to serve eleven years in confinement as a Range I offender. On appeal, both Defendants argue that (1) the evidence was insufficient to support the convictions, and that the trial court erred in denying their motion for judgments of acquittal; (2) the trial court erred in precluding Defendants from questioning the victim about being previously shot in a home burglary and about the victim’s prior arrest sixteen months before the shooting; (3) their sentences are excessive; and (4) trial counsel were ineffective for failing to request a juryinstruction on the lesser-included offense of reckless endangerment. Defendant Braxton argues that the trial court erred in allowing the jail custodian of records to testify in rebuttal concerning Defendant Braxton’s period of confinement in the Davidson County jail; (b) trial counsel was ineffective for (i) failing to object to the sentence or request a continuance when the State did not provide proper notice of intent to seek enhanced punishment or provide certified copies of the convictions; (ii) failing to amend the original notice of alibi, filed by previous counsel, to include an additional witness; (iii) failing to investigate possible defenses and alibi witnesses; (i.v.) failure to adequately meet with Defendant Braxton and prepare for trial. Defendant Harris argues that trial counsel was ineffective for asking the victim about a prior altercation with Defendant Harris which opened the door to the victim’s testimony about an earlier attempt by Defendant Harris to harm or kill the victim. After careful review, we affirm the judgments of the trial court.

A Marshall County Circuit Court jury convicted the appellant, Kerry Douglas Calahan, of aggravated assault, aggravated criminal trespass, simple assault, two counts of theft of property valued less than five hundred dollars, and resisting arrest. After a sentencing hearing, the appellant received an effective sentence of six years, six months to be served in confinement. On appeal, the appellant contends that the evidence is insufficient to support his conviction foraggravated assaultand thathissentence foraggravated assaultis excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Following her Davidson County General Sessions Court conviction of criminal contempt based upon the violation of an order of protection, the defendant, Karen Ann Matthews, was charged via an indictment returned by the Davidson County grand jury with violating an order of protection, see T.C.A. § 39-13-113 (2006). The trial court granted the defendant’s motion to dismiss the indictment as violative of double jeopardy principles. In this State appeal, the State contends that the trial court erred by dismissing the indictment because convictions for criminal contempt and violating an order of protection do not violate double jeopardy principles. Discerning no error in the judgment of the trial court, we affirm.

Defendant, Ezra Taylor Shelton, was charged with first degree premeditated murder and felony murder. Following a jury trial, he was convicted of second degree murder and voluntary manslaughter. The trial court merged the offenses and imposed a sentence of fifteen years in the Department of Correction for the resulting conviction of second degree murder. On appeal, Defendant argues that (1) the evidence was insufficient to support his conviction for second degree murder; and (2) the trial court failed to “properly address an improper statement made by the prosecution during closing arguments.” After a thorough review of the record, we affirm the judgment of the trial court.

The petitioner, Shaun Alexander Hodge, was convicted of first degree murder in 2001 and sentenced to life in prison. Thereafter, the petitioner filed a petition seeking post-conviction relief, which was denied by the post-conviction court. The petitioner appeals, claiming constitutional violations arising from the ineffective assistance of his trial counsel and the State’s failure to disclose certain exculpatory evidence. The petitioner also seeks relief based on newly discovered evidence. After careful review of the record and the arguments of both parties, we affirm the judgment of the post-conviction court.

The Defendant-Appellant, Barron Lamar Currie, entered a guilty plea to aggravated burglary, a Class C felony, and theft of property of property over $500, a Class E felony. Pursuant to his plea agreement, the Defendant-Appellant received an effective sentence of eight years with the manner of service to be determined by the trial court. The trial court ordered the Defendant-Appellant to serve the eight-year term in confinement. The Defendant-Appellant’s sole issue for our review is whether the trial court erred in denying any form of alternative sentencing. Finding no error, we affirm the judgments of the trial court.

The Petitioner, Kevin Wilkins, appeals the Criminal Court of Shelby County’s dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting 1 that this court affirm the trial court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

A Hamblen County Jury convicted Petitioner, Shannon Lee Jarnigan, and her co-defendants of one count each of first degree premeditated murder. They were each sentenced to life in prison. State v. George Arthur Lee Smith, et. al., No. E2009-00984- CCA-R3-CD, 2007 WL 4117603, at *1 (Tenn. Crim. App., at Knoxville, Nov. 19, 2007), perm. app. denied, (Tenn. Feb. 25, 2008). Petitioner was unsuccessful on direct appeal to this Court. Id. Petitioner subsequently filed a petition for post-conviction relief alleging that she was afforded the ineffective assistance of counsel and her constitutional rights were violated by various means. The post-conviction court denied the petition. Petitioner appeals this decision. After a thorough review of the record, we conclude that Petitioner has not proven her allegations. Therefore, we affirm the denial of the petition for post-conviction relief.

A Shelby County jury convicted the Defendant, Damien Neely, of facilitation of second degree murder, and the trial court ordered him to serve twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to exclude recorded telephone calls he made from jail; (2) the evidence is insufficient to support his conviction; and (3) the trial court erred in applying to his sentence enhancement factor (9), pursuant to T.C.A. § 40-35-114, that the Defendant possessed or employed a firearm during the commission of the offense. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.

The petitioner, Marlow Williams, appeals the denial of his petition for post-conviction relief from his aggravated robbery conviction, arguing that his appellate counsel was ineffective for failing to raise a Blakely v. Washington, 542 U.S. 296 (2004), challenge to the trial court’s use of enhancement factors in sentencing. Following our review, we affirm the denial of the petition.

Appellant, Danthony Michael Pender, was indicted by the Sullivan County Grand Jury for aggravated robbery in August of 2008. After a jury trial, Appellant was convicted as charged and sentenced as a Range I, standard offender to twelve years in incarceration. Appellant seeks a review of his conviction after the denial of a motion for new trial. On appeal, the following  ssues are presented for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the jury verdict was contrary to the law and evidence; (3) whether the trial court erred by failing to grant the motion for judgment of acquittal; and (4) whether the trial court erred by denying the motion for new trial.  after a review, we determine that all of appellant’s issues involve the sufficiency of the convicting evidence. We determine that the evidence was sufficient to sustain the conviction. Accordingly, the judgment of the trial court is affirmed.

The defendant appeals the 20-year effective sentence imposed for his Dickson County Circuit Court convictions of two counts of the facilitation of second degree murder, claiming that the trial court erred by misapplying the enhancement factors and by imposing consecutive terms. Discerning no reversible error, we affirm.

A Sumner County jury convicted the Defendant,Sandy L.Binkley,of two counts of statutory rape by an authority figure. The trial court sentenced the Defendant to six years in prison for each conviction and ordered the sentences to be served consecutively, for a twelve-year effective sentence. On appeal, the Defendant contends that the trial court erred: (1) when it excluded testimony from her expert witness; and (2) when it improperly sentenced her to the maximum sentence within her range and improperly imposed consecutive sentences. After a thorough review of the record and applicable authorities, we conclude the trial court properly excluded the expert’s testimony and also properly sentenced the Defendant. We, therefore, affirm the trial court’s judgments.

The Defendant, Joseph A. Patterson, was found guilty at a bench trial before the Williamson County Criminal Court of driving under the influence, second offense, a Class A misdemeanor. See T.C.A. § 55-10-401 (2008) (amended 2010). He was sentenced to eleven months and twenty-nine days, with fifty-five days of the sentence to be served. On appeal, he contends that the trial court erred by denying his motion to suppress. We affirm the judgment of the trial court.

Defendant, Korey Bradley was charged with attempted second degree murder of Brandon Williams, aggravated assault of Brandon Williams, and felony reckless endangerment of Jarvis McDaniel. Following a jury trial, Defendant was convicted of misdemeanor reckless endangerment as a lesser-included offense of attempted second degree murder, and guilty as charged on the aggravated assault and felony reckless endangerment. He was sentenced to eleven months, twenty-nine days for misdemeanor reckless endangerment, eight years for aggravated assault, and three years for felony reckless endangerment. The trial court ordered the eight-year and three-year sentences to be served consecutively with each other and concurrently to the sentence for misdemeanor reckless endangerment for an effective elevenyear sentence to be served in confinement. On appeal, defendant argues that (1) his conviction for aggravated assault should be merged into his conviction for misdemeanor reckless endangerment resulting in one conviction for misdemeanor reckless endangerment; (2) the trial court erred by failing to instruct the jury on aggravated assault as a lesserincluded offense of attempted second degree murder; (3) the evidence was insufficient to support his convictions for felony reckless endangerment; and (4) his effective sentence was excessive. After a thorough review of the record, we remand for the trial court to merge the conviction for misdemeanor reckless endangerment of Brandon Williams with the conviction for aggravated assault of Brandon Williams. All other aspects of the judgments are affirmed.

Defendant, Christopher Fielder, was indicted along with his co-defendants Korry Hernandez and John Karcher for the class A felonies of especially aggravated robbery and especially aggravated kidnapping of Jason Seitz. Defendant proceeded to be tried by a Shelby County jury. His co-defendants testified against him pursuant to negotiated plea agreements. The jury found Defendant guilty as charged. The trial court sentenced Defendant to serve twenty years for each of the Class A felony convictions, and ordered the sentences to be served concurrently with each other. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the sentences are excessive because (1) the trial court improperly applied enhancement factors; (2) the trial court erroneously failed to apply appropriate mitigating factors; and (3) his sentences are excessive and disproportionate when compared with the sentences received by his co-defendants. We find no error and affirm the judgments of the trial court.

The petitioner, Leslie L. Coleman, pled guilty to one count of felony murder and one count of especially aggravated robbery. He was sentenced to concurrent terms of life in prison and fifteen years. He now appeals the summary dismissal of his petition for habeas corpus relief, arguing that the court below erred in concluding that the trial court had the authority to sentence him to life in prison. Because the petitioner has failed to establish that his judgment is void or that he is otherwise entitled to relief, we affirm the dismissal of his habeas corpus petition.

A Hamilton County Criminal Court jury convicted the appellants, Timothy Evans and Michael Daniels, of first degree premeditated murder and conspiracy to commit first degree premeditated murder. In addition, the jury convicted Evans of carrying a dangerous weapon. After a sentencing hearing, the trial court sentenced Evans to concurrent sentences of life for the murder conviction, sixteen years for the conspiracy conviction, and thirty days for the carrying a dangerous weapon conviction. The trial court sentenced Daniels to consecutive sentences of life for the murder conviction and twenty-three years for the conspiracy conviction. On appeal, the appellants argue that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by refusing to grant their motions to sever, (3) the trial court erred by using extreme and unnecessary security measures that prejudiced the jury against them, and (4) the trial court erred by failing to grant their motions for a new trial because the State’s gang expert committed perjury. In addition, Daniels argues that (5) the trial court erred by failing to redact the indictments properly and (6) the trial court failed to control a witness adequately while the witness was testifying. Finally, the appellants contend that the cumulative effect of the errors warrants a new trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

The petitioner, Emmett Russell McGee, Jr., appeals from the Bedford County Criminal Court’s denial of post-conviction relief from his convictions based upon guilty pleas on two counts of possession with intent to sell three hundred grams or more of cocaine and the resulting sentences of ten and eleven years to be served consecutively. On appeal, the petitioner contends that his guilty plea was not voluntarily entered due to the ineffective assistance provided by trial counsel. Specifically, he contends that trial counsel gave him improper advice concerning the possible sentences he could receive if he proceeded to trial. In addition, for the first time on appeal, the petitioner raises a challenge to the consecutive nature of the sentences, asserting that it is illegal and excessive in light of the fact that the elements of both convictions arose out of the same transaction. Following review, we conclude that the post-conviction court properly determined that trial counsel was not ineffective. Further, we conclude that the petitioner has waived review of his second issue. As such, the denial of his petition for post-conviction relief is affirmed.

In 2007, 2008, and 2009 in Sullivan County, Appellant, Alfred Gettner, was charged by presentment, indicted, and consented to prosecution by information for various counts consisting of four counts of violating an habitual traffic offender order, one count of driving under the influence (“DUI”), third offense, and one count of failing to yield to an emergency vehicle. On May 1, 2009, Appellant entered a negotiated plea to four counts of violation of a habitual traffic offender order, one count of DUI, first offense, and one count of failing to yield to an emergency vehicle. The agreed to sentence was an effective sentence of six years. Appellant requested an alternative sentence. The trial court held a hearing and denied Appellant’s request. Appellant appealed to this Court and argued that the trial court erred in denying his request for an alternative sentence. Because Appellant failed to include a copy of the transcript from his guilty plea hearing, he has waived the presentation of his issue to this Court. Therefore, we dismiss this appeal.

The defendant, Deshawn Wentz, was convicted bya Montgomery County jury of possession of .5 grams or more of cocaine with intent to sell, a Class B felony, and tampering with evidence, a Class C felony, and was sentenced bythe trial court to concurrent terms of eleven and seven years, respectively, to be served in the Department of Correction. On appeal, he contends that (1) the trial court erred in denying his motion to suppress and (2) the evidence is insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court.