APPELLATE COURT OPINIONS

The Defendant, Donald A. Jahr, Jr., appeals as of right from the Blount County Circuit Court’s revocation of his probation and order of incarceration. The Defendant contends that the trial court erred by ordering the previously imposed sentence to be served in confinement. Following our review, we affirm the judgment of the trial court.

The Defendant-Appellant, Matthew Garrett, was indicted by a Rutherford County Grand Jury for aggravated assault. He was subsequently convicted by a jury of the lesser included offense of reckless aggravated assault, a Class D felony. The Defendant-Appellant was sentenced to three years imprisonment, which was suspended after service of six months. The sole issue presented for our review is whether the evidence was sufficient to support the Defendant-Appellant’s conviction. Upon review, we affirm the judgment of the trial court.

The defendant, Stephen Anthony Scott, appeals the sentencing decision of the Montgomery CountyCircuit Court. The defendantwas convicted of aggravated robbery, a Class B felony; attempted aggravated robbery, a Class C felony; especially aggravated kidnapping, a Class A felony; aggravated kidnapping, a Class B felony; and attempted robbery, a Class D felony. The defendant was originally sentenced to an effective term of thirty-seven years in the Department of Correction. After multiple appeals and new filings in both state and federal courts, the defendant’s case was eventually sent back to the trial court for re-sentencing in accordance with Blakely v. Washington, 542 U.S. 296 (2004). A resentencing hearing was held, and the trial court determined that one enhancement factor was applicable, that being that the defendant had juvenile adjudications which would have been felony convictions if they had occurred when the defendant was an adult. As such, the trial court, applying partial consecutive sentencing, resentenced the defendant to an effective sentence of thirty-four years and six months. On appeal, the defendant raises multiple sentencing issues for our review: (1) whether the imposed sentences are still in violation of Blakely, based upon the application of the single enhancement; (2) whether the imposed sentences are illegal as the State failed to file notice of intent to seek enhancement factors; (3) whether the court erred in imposing consecutive sentencing; (4) whether the court erred in treating a juvenile adjudication as a felony conviction for enhancement purposes; and (5) whether the court erred in failing to offer the defendant the right to waive his ex post facto rights and be sentenced pursuant to the 2005 amendments to the Sentencing Act. Following review of the record, we conclude that the trial court erred in applying the enhancement factor to the defendant’s sentences. Accordingly, we conclude that the presumptive minimum sentences for each conviction must be imposed in this case, and we remand to the trial court for entry of corrected judgments to so reflect. Additionally, we conclude that the defendant’s others issues are not meritorious and that no relief is warranted.

Defendant, Myron Taylor, was charged with rape of a child. Following a jury trial, Defendant was convicted of the lesser included offense of aggravated sexual battery. He was sentenced to twelve years in the Department of Correction as a violent offender. On appeal, Defendant argues that the trial court erred by allowing the victim’s sister to testify about an incident that she witnessed where Defendant pulled a cover off of the victim while she was sleeping. After a thorough review of the record, we affirm the judgment of the trial court.

A Sevier County Circuit Court jury convicted the appellant, Varion Johnson, of facilitation of aggravated robbery. The trial court imposed a sentence of nine years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we reverse the judgment of the trial court.

The appellant, Quincy Mills, appeals the trial court’s revocation of the appellant’s probation for failure to comply with the terms of release. The appellant contends that the trial court violated his due process rights by failing to reduce its findings to writing and by admitting unreliable hearsay at the revocation hearing. Upon review, we affirm the judgment of the trial court.

A Shelby County Criminal Court jury convicted the defendant, Nakia Bohanan, of aggravated burglary, see T.C.A. § 39-14-403 (2006), and the trial court sentenced the defendant to serve 15 years’ incarceration as a Range III, persistent offender. On appeal, the defendant contends that the evidence is insufficient to support his conviction and that the trial court erred in its application of an enhancement factor to determine the length of his sentence. Discerning no infirmity in the evidence but that the trial court erred at sentencing, we affirm the defendant’s conviction and modify the sentence to 14 years’ incarceration.

The Petitioner, Lisa Marie Butler, appeals the Shelby County Criminal Court’s denial of post-conviction relief from her convictions for first degree felony murder and aggravated child abuse. On appeal, she contends that trial counsel rendered ineffective assistance by failing to exclude irrelevant evidence of the victim’s earlier injuries and that appellate counsel rendered ineffective assistance by failing to argue on appeal that the evidence should have been excluded. We affirm the judgment of the trial court.

Appellant, Marquis Devereaux Hall, pled guilty to aggravated assault, reckless endangerment, possession of cocaine, simple possession and casual exchange of marijuana, and theft under $500. The trial court sentenced him to an effective sentence of ten years on community corrections. After his arrest for possession of a weapon,felon carrying a firearm, and theft, his supervisor filed a violation warrant. The trial court held a hearing and concluded that Appellant had violated the conditions of his community corrections sentence. The trial court imposed Appellant’s sentence of ten years. Appellant appeals the trial court’s revocation of his community corrections sentence. After a thorough review of the record, we conclude that the trial court did not abuse its discretion. Therefore, we affirm the trial court’s revocation of Appellant’s community corrections sentence.

A Sumner County jury convicted the Defendant, Derek Williamson, of first-degree premeditated murder, and he was sentenced to life imprisonment. On appeal, the Defendant argues that the trial court erred by commenting on possible sentencing options during voir dire, that the trial court erred by not granting a mistrial based on prejudicial testimony from a witness, that the trial court erred in allowing the testimony of the responding police officer about the appearance of evidence found at the scene, that the trial court abused its discretion by admitting two autopsy photographs, that the trial court improperly instructed the jury on flight, that the evidence was insufficient to sustain his conviction, that the trial court improperly denied his request for a self-defense instruction, and that he is entitled to a new trial because of cumulative error. Following our review, we affirm the judgment of the trial court.

The defendant, James Michael Wise, was convicted by a Sumner County jury of three counts of sexual battery by an authority figure, two counts of solicitation to commit rape, thirteen counts of rape, and thirteen counts of incest. Following a sentencing hearing, the trial court sentenced the defendant to an effective forty-eight-year sentence in the Department of Correction. On appeal, the defendant challenges the sentences imposed. Specifically, he contends that the trial court erred in failing to impose the minimum sentences within the range and in its application of consecutive sentencing. Following review of the record, we find no error and affirm the sentences as imposed

The defendant, Rickie Sipes, was convicted of first degree premeditated murder and sentenced to life imprisonment in the Department of Correction. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal and for a new trial because the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

The defendant, Justin Kenneth Boldus, pleaded guilty in Dickson County Circuit Court to one count of vehicular homicide by recklessness, see T.C.A. § 39-13-213(a)(1) (2006), and one count of leaving the scene of an accident involving death, see id. § 55-10-101. The trial court imposed consecutive sentences of four years and one year to be served in the Department of Correction. On appeal, the defendant argues that the trial court erred by imposing consecutive sentences and by denying alternative sentencing. Discerning no error, we affirm the judgments of the trial court

The Defendant, Kenneth James Watkins, was convicted by a Davidson County Criminal Court jury of premeditated first degree murder and was sentenced to life in prison. See T.C.A. § 39-13-202 (2010). On appeal, the Defendant contends that (1) the evidence was insufficient to support the conviction, (2) the trial court erred by denying his motion to suppress identification, (3) the trial court erred by allowing testimony regarding his nickname, and (4) the trial court erred by allowing testimony regarding threats against a witness and witnesses’ fear of reprisal. We affirm the judgment of the trial court.

Appellant, Craig Abston, was indicted by the Shelby County Grand Jury for one count of second degree murder and two counts of attempted second degree murder. He was convicted as charged and sentenced to twenty years for second degree murder, and twelve years and eight years for each attempted second degree murder conviction. The trial court ordered the twenty-year sentence and twelve-year sentence to run concurrently to each other but consecutively to the eight-year sentence for an effective sentence of twenty-eight years. On appeal, this Court reduced the twelve-year sentence to eight years, and remanded to the trial court for a new sentencing hearing regarding the consecutive sentences. State v. Craig Abston, No. W2007-00019-CCA-R3-CD, 2009 WL 2030432, at *4 (Tenn. Crim. App., at Jackson, July 10, 2009), perm. app. denied, (Tenn. Dec. 14, 2009). On remand, the trial court ordered the one eight-year sentence to be served concurrently with the twenty-year sentence and the other eight-year sentence to be served consecutively to the twenty-year sentence. Therefore, Appellant’s effective sentence is twenty-eight years. On appeal, Appellant argues that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we conclude that the record supports the trial court’s imposition of consecutive sentences. Therefore, we affirm the judgments of the trial court.

The Appellant, Gregory Tyrone Greer, was convicted by a Madison County jury of reckless aggravated assault, a Class D felony. He was sentenced as a career offender to twelve years in the Tennessee Department of Correction. In his sole issue on appeal, he contends that the evidence is insufficient to support his conviction. Following our review, we affirm the judgment of the trial court.

The defendant, Christopher Locke, pled guilty to one count of incest, a Class C felony. After a sentencing hearing, the trial court imposed a Range I sentence of three years, all suspended upon compliance with the terms of probation and sex offender supervision. On appeal he argues that the trial court erred in denying judicial diversion. After reviewing the record, we affirm the judgment of the trial court.

The petitioner, Melissa Beth Mackey, appeals as of right the Shelby County Criminal Court’s denial of her petition for post-conviction relief challenging her conviction of attempted aggravated robbery for which she received a sentence of six years as a Range II, multiple offender. On appeal, she argues that trial counsel committed ineffective assistance that rendered her guilty plea involuntary. Following our review, we affirm the judgment of the post-conviction court.

The Petitioner, Walter Alan Martin, was convicted by a jury of rape and was, thereafter, sentenced to ten years in prison at 100%. This Court affirmed the Petitioner’s conviction and sentence on direct appeal. The Petitioner filed a timely petition for post-conviction relief and, following an evidentiary hearing, the post-conviction court denied relief. On appeal, the Petitioner argues that he received the ineffective assistance of counsel due to trial counsel’s failure (1) to adequately address the timeframe surrounding the events and (2) to fully investigate the case by inspecting the cab of the truck where the incident occurred. Following our review of the record and the parties’ briefs, we conclude that the Petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed.

A Hickman County Grand Jury indicted the Defendant, Bethany Jade Abel, for attempted first degree murder, a Class A felony. The Defendant pled guilty to aggravated assault, a Class C felony, with the length and manner of service for her sentence left to the discretion of the trial court. The trial court sentenced the Defendant to 3 years in the Tennessee Department of Correction, suspended to supervised probation following the service of 14 days in the county jail. In this appeal as of right, the Defendant contends that the trial court erred in denying her application for judicial diversion. Following our review, we affirm the judgment of the trial court.

The Defendant-Appellant, Randy Antonio Rice, was convicted by a Madison County jury of first degree felony murder and facilitation of especially aggravated robbery, a Class B felony. He was sentenced as a Range I offender to consecutive sentences of life imprisonment and twelve years at thirty percent, respectively. On appeal, the Defendant-Appellant argues: (1) the evidence was insufficient to support his convictions, and (2) the trial court erred in imposing consecutive sentencing. Upon review, we affirm the trial court’s judgments.

A Sumner County Criminal Court jury convicted the defendant, Keith A. Howard, of one count of forgery, see T.C.A. § 39-14-114 (2006), and one count of attempting to evade sales tax, see id. § 67-1-1440(g), and the trial court imposed consecutive sentences of six years’ incarceration as a Range III, persistent offender. On appeal, the defendant contends that the trial court erred in its instructions to the jury and admission of evidence, that the evidence is insufficient to support his convictions, and that the trial court erred by sentencing the defendant as a persistent offender and by imposing consecutive sentences. Because the defendant failed to file a timely motion for new trial, all issues except the sufficiency of the evidence and sentencing are waived. Discerning no error in those remaining issues, we affirm the judgments of the trial court.

 Paul Dennis Reid, Jr. was convicted and sentenced to death on seven counts of first degree murder. Reid’s convictions and sentences were affirmed on direct appeal by the supreme court. The instant appeals stem from evidentiary hearings wherein the Montgomery and Davidson County trial courts concluded that Reid was competent to decide on his own behalf to forego any post-conviction relief on his convictions and sentences. Following our review, we affirm the judgments of the trial courts.