APPELLATE COURT OPINIONS

A Monroe County jury convicted Petitioner of second degree murder. State v. Darrell Fritts, No. 132, 1992 WL 236152, at *1 (Tenn. Crim. App., at Knoxville, Sept. 25, 1992), perm. app. dismissed, (Tenn. Feb. 1, 1993). Petitioner was unsuccessful on appeal. Id. at *10. Petitioner subsequently filed a petition for post-conviction relief that was denied. Darrell Fritts v. State, No. 03C01-9803-CR-00116, 1999 WL 604430, at *1 (Tenn. Crim. App., at Knoxville, Aug. 12, 1999). On appeal, this Court upheld the post-conviction court’s denial of the petition. Petitioner subsequently filed two petitions for writ of habeas corpus relief in the Monroe County Court. The first writ was dismissed because it was filed in Monroe County as opposed to the Johnson County Court which is the closest court in distance. With regard to the second writ, the State filed a motion to dismiss based upon the fact that the issues had already been determined by this Court on appeal from the denial of the post-conviction petition and that ineffective assistance of counsel at trial is not a cognizable issue for habeas corpus. The habeas corpus court granted the motion. Petitioner appeals the dismissal of both writs. The appeals have been consolidated in this Court. After a thorough review of the record, we conclude that the dismissal of the writs was correct. Therefore, we affirm the dismissals by the habeas corpus court.

The Defendant, Danny Lynn Davis, was convicted at a bench trial in the Washington County Criminal Court of theft of property valued at $60,000 or more, a Class B felony; official misconduct, a Class E felony; and twenty-five counts of forgery, Class E felonies. See T.C.A. §§ 39-14-103 (theft); 39-16-402 (official misconduct); 39-14-114 (forgery). He was sentenced to ten years for the theft conviction and to one year for each of the Class E felony convictions, all to be served concurrently with one year of split confinement and the remaining nine years on probation. In this appeal, the Defendant contends that (1) the victim, the city of Johnson City, had no standing to allege the crimes, (2) the prosecution of the forgery and official misconduct offenses was barred by the statute of limitations; (3) the evidence was insufficient to support his convictions; (4) the trial judge should have recused himself because the judge’s wife was an employee of the city of Johnson City; and (5) he was deprived of the opportunity to prepare a proper defense because the trial court failed to release his income tax records during discovery. We note that two of the convictions were rendered on counts dismissed by the State during trial. We vacate the convictions for forgery in Counts 23 and 27, but we affirm the remaining judgments of the trial court.

A Monroe County Circuit Court jury convicted the appellants, Michael Aaron Jenkins and Perley Winkler, Jr., of two counts of attempted first degree premeditated murder and one count of attempted aggravated arson. After sentencing hearings, Jenkins received an effective seventeen-year sentence and Winkler received an effective forty-year sentence. On appeal, the appellants contend that the evidence is insufficient to support the convictions and that the trial court erred by prohibiting them from questioning one of the victims, David Senn, about a prior felony conviction. In addition, Jenkins contends that the trial court should have allowed him to cross-examine Senn in front of the jury about Senn’s untruthfulness during an offer of proof, that the trial court should have granted his motion to sever his trial from that of his codefendant, and that the State committed prosecutorial misconduct during its closing argument. Winkler contends that the trial court erred by allowing the State to question a second victim about a threatening message Winkler allegedly left on a cellular telephone and that his sentence is excessive. After a review of the record and the parties’ briefs, we conclude that the evidence is sufficient to support the convictions and that the trial court properly sentenced Winkler. The appellants’ remaining issues are waived because the appellants failed to provide an adequate record on appeal.

The petitioner, James Patterson, appeals from the denial of post-conviction relief by the Criminal Court of Shelby County. He was convicted of especially aggravated robbery, a Class A felony,  criminal attempt to commit second degree murder, a Class B felony, and two counts of especially aggravated kidnapping, Class A felonies. The petitioner received an effective sentence of thirty-two years. The convictions and sentence were upheld on direct appeal. See State v. James Patterson, No. W2005-01416-CCA-R3CD, 2007 WL 162175, at *1 (Tenn. Crim. App., at Jackson, Jan. 23, 2007). The petitioner subsequently filed a petition for post-conviction relief, which alleged that trial counsel was ineffective. The post-conviction court denied the petitioner relief. On appeal, the petitioner claims he is entitled to a new post-conviction hearing because post-conviction counsel failed to diligently investigate and present reasonable claims for relief. Upon review, we affirm the judgment of the post-conviction court.

The defendant, Adrian Ann Crain, appeals the revocation of her probation sentence, claiming that the state denied her right to a speedy trial and that the trial court did not have jurisdiction when it revoked her sentence and ordered that she serve the remainder of her sentence in the  Tennessee Department of Correction. Following our review, we affirm the judgment of the trial court.

Defendant, Joseph Valentine Hill, was charged with one count of DUI, second offense, a class A misdemeanor, and with seven counts of aggravated assault with a deadly weapon, a class C felony. He entered pleas of guilty as charged in each count and submitted to a sentencing hearing with no agreement as to the length or manner of service of the sentences. The trial court sentenced Defendant to four years for each aggravated assault conviction and to 11 months and 29 days for the DUI second offense conviction. The DUI sentence and three of the aggravated assault sentences were ordered to be served concurrently with each other. The remaining four aggravated assault sentences were ordered to be served concurrently with each other, but consecutively to the first grouping of sentences, for an effective sentence of eight years. The trial court ordered the eight-year sentence to be served in incarceration. Recognizing that the DUI, second offense conviction requires a mandatory minimum period of incarceration, Defendant argues on appeal that the trial court erred by declining to grant him probation after serving the above-noted mandatory minimum confinement. After careful review, we affirm the judgments of the trial court.

The appellant, Deborah N. Cotter, was convicted by a jury in the Hamblen County Criminal Court of aggravated robbery and was sentenced to ten years in the Tennessee Department of Correction. On appeal, she argues that the evidence is insufficient to support her conviction, particularly because no witness identified her in court as the robber. She also contends that the trial court erred in arriving at her sentence. Upon review, we affirm the judgment of the trial court.

A Rutherford County jury convicted the Defendant, Bryant C. Overton, of aggravated kidnapping, aggravated robbery, attempted first degree murder, and conspiracy to commit kidnapping. The trial court ordered the Defendant to serve an effective sentence of sixty years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments in part, but we reverse them in part based upon a sentencing error.

A Davidson County Criminal Court jury convicted the defendant, Derrick D. Crutcher, of simple possession of cocaine, in this case a Class E felony, see T.C.A. § 39-17-418(a), (e) (2006), and possession of drug paraphernalia, a Class A misdemeanor, see id. § 39-17- 425(a)(1). In this appeal as of right, the defendant challenges the sufficiency of the convicting evidence. Because the evidence is sufficient, we affirm the judgments of the trial court.

The Petitioner, Robert J. Montville, appeals the Hickman County Circuit Court’s denial of his petition for post-conviction relief from his convictions for simple assault and reckless driving and his resulting effective sentence of eleven months, twenty-nine days to be served as twenty-four hours in jail and the remainder on supervised probation. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The defendant, Bobby Hughlett, appeals from the trial court’s denial of any form of alternative sentencing, including probation. The defendant entered pleas of nolo contendere to attempted aggravated robbery and robbery, both Class C felonies. The defendant was given an agreed sentence of ten years for each count, to run concurrently, as a persistentoffender, with a 45% release eligibility date. The defendant contends that the court abused its discretion in denying him an alternative sentence, including probation, and erred in finding the defendant was on probation at the time of committing these offenses. After review, we affirm the sentences imposed by the trial court.

The appellant, Mitzi Rollins, pled guilty in the Moore County Circuit Court to one count of initiating a false report under Tennessee Code Annotated section 39-16-502. The plea agreement provided that she would be sentenced to two years and ten months, with the trial court to determine the manner of service. After a hearing, the trial court denied the appellant’s request for alternative sentencing, citing her lengthy criminal history and the repeated unsuccessful attempts to use less restrictive sentencing. The appellant contends the trial court erred by ordering her to serve her sentence in confinement. We affirm the judgment of the trial court.

Following a jury trial, the Defendant, Brent Allen Blye, was convicted in Case Number S50,833 of possession with intent to sell 26 grams or more of cocaine, a Class B felony, and two Class A misdemeanors and was sentenced by the trial court pursuant to an agreement by the parties. At the sentencing hearing, the Defendant pled guilty to several felony and misdemeanor charges in three unrelated cases and was sentenced pursuant to a plea agreement to an effective term of 30 years. In this appeal as of right, the Defendant contends that (1) his pro se motions should be considered as a motion for new trial in Case Number S50,833; (2) the evidence presented at trial was insufficient to sustain his convictions in Case Number S50,833; (3) the trial court erred in denying his motion to withdraw his guilty pleas in Case Numbers S46,736, S48,639, and S51,239; (4) his right to a speedy trial was violated in Case Number S46,736; (5) the trial court erred in sentencing him; and (6) the trial judge who presided over the sentencing hearing for all four cases should have recused herself. Following our review, we affirm the convictions but remand the case for the entry of corrected judgments consistent with this opinion.

A Sullivan County Criminal Court Jury convicted the appellant, Douglas Wayne Young, of aggravated rape and sentenced him to twenty-two years in the Tennessee Department of Correction. On appeal, the appellant claims that the trial court erred in (1) admitting the appellant’s nine millimeter handgun into evidence; (2) admitting scientific evidence from a DNA and serology expert; (3) finding that there was sufficient evidence to support the conviction; (4) giving the jury an instruction concerning flight; and (5) imposing a sentence of twenty-two years. Upon review, we affirm the judgment of the trial court.

A Maury County Circuit Court jury convicted the defendant, Charles E. Lowe-Kelley, of two counts of first degree premeditated murder, two counts of first degree felony murder, and nine counts of attempted first degree murder. At sentencing, the trial court imposed consecutive sentences of life with the possibility of parole for each first degree premeditated murder conviction, merged the first degree felony murder convictions into the first degree premeditated murder convictions, and imposed concurrent sentences of 15 years’ incarceration for each attempted first degree murder conviction to be served concurrently with the life sentences. On appeal, in addition to contesting the sufficiency of the evidence, the defendant contends that the trial court erred by (1) denying his motion for a continuance, (2) allowing a juror to remain on the jury who expressed an opinion about the case, (3) admitting evidence without establishing a proper chain of custody, (4) admitting a taperecorded conversation between the defendant and a separately-tried co-defendant, and (5) 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. Furthermore, the untimely motion for new trial rendered the notice of appeal untimely. In the interest of justice, however, we waive the timely filing of the notice of appeal and review the remaining issues. Following our review, we affirm the judgments of the trial court.

The Petitioner, Alvin T. McGee, filed for post-conviction relief from his convictions for attempted burglary and vandalism between $500 and $1000, alleging that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court.

The Defendant, Lloyd Andra Webb, pled guilty to possession with intent to sell twenty-six grams or more of cocaine, a Class B felony, and to possession of marijuana, a Class A misdemeanor. See T.C.A. §§ 39-17-417 (2010); 39-17-418 (2010). He was sentenced as a Range I, standard offender to nine years for the possession with intent to sell conviction and to eleven months, twenty-nine days for the misdemeanor possession conviction, to be served concurrently. He was order to serve fifteen weekends in the Blount County Jail with the balance of his sentences on community corrections. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the traffic stop that led to his arrest. We affirm the judgment of the trial court.

The Defendant, Tony Chester McNally, pled guilty to introducing contraband into a penal institution, a Class C felony. See T.C.A. § 39-16-201 (2010). He was sentenced as a Range I, standard offender to three years’ confinement, to be served consecutively to sentences he was serving at the time of this offense. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the questioning that led to his conviction. Because we conclude that the certified question is not dispositive of the case, we dismiss the appeal.

Defendant, Patrick Rico Edwards, was indicted by the Davidson County Grand Jury for murder in the perpetration of a theft and first-degree premeditated murder, both in violation of Tenn. Code Ann. § 39-13-202. After a jury trial began on August 21, 2008, the trial court granted a mistrial. On March 19, 2009, Defendant pleaded guilty to the lesser-included offense of second degree murder. Following a sentencing hearing on May 12, 2009, Defendant was sentenced to serve 21 years in confinement at 100 percent. In this appeal, Defendant challenges the length of his sentence. After a thorough review of the record, we conclude that Defendant’s sentence is not excessive and affirm the judgment of the trial court.

The defendant, Deadrick Garrett, was convicted of first degree premeditated murder and sentenced to life with the possibility of parole in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction and that the trial court erred in excluding evidence regarding the victim’s prior convictions and parole status. After careful review, we affirm the judgment from the trial court.

The Defendant, Jamie W. Stanfill, pled guilty to three counts of theft of property between $10,000 and $60,000, Class C felonies; one count of theft of property between $1000 and $10,000, a Class D felony; and five counts of burglary of a motor vehicle, Class E felonies. The Defendant agreed to a ten-year sentence, with the trial court to determine the manner of service of his sentence. After a hearing, the trial court ordered him to serve his sentence in confinement. The Defendant appeals, contending the trial court improperly denied his request for an alternative  sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Following a Montgomery County bench trial, the Defendant, Bennie E. Massey, was convicted of five counts of sexual battery by an authority figure, a Class C felony, and sentenced to six years, to be served on probation. The trial court also ordered the Defendant to serve forty-eight hours in jail every two weeks for the first year of his sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions because the evidence presented by the State is based solely upon the victims’ testimony and those victims, he asserts, are accomplices to the sexual battery in that they consented to the unlawful touching. Further, he asserts that the trial  court improperly imposed consecutive sentencing. After a thorough review of the record and applicable law, we conclude that the victims were not accomplices, in that their consent was coerced by the Defendant, and that the evidence, therefore, supports the Defendant’s convictions. We further conclude that the trial court properly sentenced the Defendant. As such, we affirm the trial court’s judgments.

Petitioner, James Paul Hurt, was convicted by a Marshall County jury of selling 0.5 grams or more of cocaine and delivery of 0.5 grams or more of cocaine. The trial court merged the convictions, and on direct appeal, this court affirmed the judgment of the trial court. State v. James Paul Hurt, No. M2006-02381-CCA-R3-CD, 2007 WL 4552987 (Tenn. Crim. App. at Nashville, Dec. 27, 2007), no perm. to app. filed. Subsequently, Petitioner timely filed a petition for post-conviction relief. Following an evidentiary hearing, the trial court denied relief and dismissed the petition. Petitioner appeals, arguing that his trial counsel provided ineffective assistance of counsel. Following review of the briefs and the record, we affirm the judgment of the post-conviction trial court.

A Davidson County jury convicted the Petitioner, Levi Battle, III, of possession of twenty-six grams or more of cocaine with intent to sell or deliver, and the trial court sentenced him to thirty years, at 60%, in the Tennessee Department of Correction. The Petitioner filed a petition for habeas corpus relief, in which he alleged that his sentence was illegal because he was sentenced outside of his sentencing range. The habeas corpus court dismissed the petition, and the Petitioner appeals the habeas corpus court’s judgment. After careful review, we affirm the judgment of the habeas corpus court.

Defendant, Robert Conley, filed a pro se notice of appeal which was timely as to the trial court’s order denying Defendant’s motion for reduction of sentence pursuant to Tennessee Rule of Criminal Procedure 35. The trial court subsequently appointed counsel to represent Defendant. In his brief on appeal, Defendant challenges the trial court’s order revoking his community corrections sentence and ordering service of the fourteen-year sentence by incarceration, in addition to arguing that the trial court erred by denying his Rule 35 motion. We conclude that the issue regarding revocation of the community corrections sentence is waived by Defendant’s failure to timely appeal that order. Further, we find that the trial court did not abuse its discretion by denying Defendant’s Rule 35 motion, and, accordingly affirm the judgment of the trial court.