APPELLATE COURT OPINIONS

A Marshall County grand jury indicted the Defendant, Ricky Lane McKnight, for violation of the Habitual Motor Offender Act and driving on a revoked license. The trial court ordered the defendant to serve an effective sentence of three and one-half years. On appeal, the dDefendant argues that the trial court's sentence is excessive. After a thorough review of the record and the applicable law, we affirm the trial court's judgment.

Defendant, Jerry Len Angus, was indicted in a seventeen-count indictment by the Davidson County Grand Jury for three counts of official misconduct in violation of Tenn. Code Ann._ 39-16-402, nine counts of sexual battery by an authority figure in violation of Tenn. Code Ann. _ 39-13-527, four counts of statutory rape in violation of Tenn. Code Ann. _ 39-13- 506, and one count of rape in violation of Tenn. Code Ann. _ 39-13-503. Defendant was convicted by a jury of three counts of official misconduct, one count of attempt to commit sexual battery, a lesser-included offense of the charged offense of sexual battery, one count of sexual battery, and two counts of attempt to commit statutory rape, a lesser-included offense of statutory rape. The jury did not consider eight counts of the indictment as the trial court granted judgments of acquittal at the close of the State's proof, and defendant was acquitted by the jury of the remaining two counts. Defendant filed a motion for new trial, and following a hearing, the trial court vacated his conviction for official misconduct in Count 1 of the indictment for insufficiency of the evidence. The court granted a mistrial as to defendant's conviction for attempted sexual battery in Count 4, his conviction for official misconduct in Count 8, and his conviction for sexual battery in Count 11. In an amended order, the trial court also vacated defendant's conviction for official misconduct in Count 3 of the indictment. On appeal, defendant asserts that the trial court's polling of the jury was improper and that he is entitled to a new trial. Finding no error, we affirm the judgments of the trial court.

A Humphreys County Circuit Court jury convicted the defendant, Linda F. Cathey, of one count of theft of property valued at $10,000 or more but less than $60,000, a Class C felony. See T.C.A. __ 39-14-104, -105(4) (2006). The trial court sentenced the defendant to six years' probation and ordered restitution to the victim in the amount of $27,000. On appeal, the defendant argues that the trial court erred by denying her request for judicial diversion, by imposing the maximum sentence of six years, and by ordering restitution without properly considering her ability to pay. Discerning no error, we affirm the judgment of the trial court.

The Petitioner, Robert J. Skillen, appeals from the trial court's dismissal of his petition for error coram nobis relief. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.

The Petitioner, Rokisha Lashia Alderson, appeals the Davidson County Criminal Court's summary dismissal of her petition for post-conviction relief. The post-conviction court found that the petition was barred by the statute of limitations. On appeal, she argues that the statute of limitations was tolled because she was misled by prison officials about her minority status. After our review of the record, we reverse the judgment of the post-conviction court summarily dismissing the petition and remand for an evidentiary hearing on the timeliness of the petition.

Defendant, Duantez Cornell Jenkins, was indicted for possession, within a school zone, and with intent to sell or deliver twenty-six (26) grams or more of a substance containing cocaine. In the same indictment, Robert Lee Archibald, Jr. (Archibald), was indicted for the same offense, in addition to two other charges. All charges were the result of evidence seized pursuant to a search warrant. Defendant filed a motion to suppress all the evidence seized which forms the basis of the charges against him. The trial court entered an order granting the motion and dismissed the charges against defendant. The State appeals. Based upon the record and briefs of the parties, we affirm the judgment of the trial court.

A Bedford County grand jury indicted the Defendant, Mary Cathleena Blindt, for three counts of prescription fraud, two counts of forgery, and one count each of theft, introduction of contraband into a penal facility, and failure to appear. Following guilty pleas and a sentencing hearing, the defendant received an effective sentence of ten years in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred when it denied alternative sentencing, ordered consecutive sentencing, and imposed the maximum sentence within the range for three of the defendant's convictions. The defendant also correctly notes an error on the judgment forms. After a thorough review of the record and the applicable law, we affirm the trial court's judgments in part and remand the case for correction of an error on one of the judgment forms.

The defendant, Steven Cornell Gray, appeals from his Madison County Circuit Court jury conviction of possession with the intent to sell .5 grams or more of cocaine. He claims that the evidence was insufficient to support the conviction, but upon our review of the case, we affirm this conviction.

The pro se petitioner, Henry Johnson, appeals from the summary dismissal of his petition for writ of habeas corpus relief. He was convicted of first degree murder and aggravated burglary and was sentenced to life imprisonment on August 19, 2009. On appeal, he argues that: the indictment against him was defective; the habeas corpus court erred in dismissing his petition without a hearing or appointment of counsel; and he was subject to double jeopardy as a result of the indictment. After careful review, we affirm the summary dismissal of the petition.

Petitioner, Matthew R. Hakoda, appeals the post-conviction court's dismissal of his petition for post-conviction relief in which he alleged the ineffective assistance of counsel at trial and on appeal. After a thorough review, we affirm the judgment of the post-conviction court.

The Petitioner, Terry B. Johnson, appeals as of right from the Rutherford County Circuit Court's denial of his petition for post-conviction relief challenging his conviction for sale of less than .5 grams of cocaine and resulting 15-year sentence. The Petitioner contends (1) he was denied his Sixth Amendment right to the effective assistance of counsel at trial; (2) he was denied a "full and fair hearing" on his petition due to the ineffective assistance of his post-conviction counsel; and (3) he was denied a "full and fair hearing" on his petition because the judge presiding over his post-conviction proceedings also presided over the original trial proceedings. Following our review, we affirm the judgment of the trial court.

The petitioner, William Collier, appeals from the summary dismissal of his petition for writ of habeas corpus wherein he challenged his November 2008 convictions of possession of heroin with intent to sell or deliver within 1000 feet of a school. In this appeal, the petitioner claims entitlement to habeas corpus relief via a sentence illegality. Discerning no error, we affirm the habeas corpus court's summary dismissal of the petition.

The Defendant, Andrew Douglas Rush, was convicted of rape of a child, a Class A felony, and statutory rape, a Class E felony. See Tenn. Code Ann. __ 39-13-506(d)(2), -522(b)(1). In this direct appeal, he contends that: (1) the State presented insufficient evidence to convict him of either count; and (2) the trial court erred by failing to instruct the jury that attempted child rape was a lesser-included offense of rape of a child. After our review, we affirm the Defendant's convictions. We remand solely for the entry of a corrected judgment form, reflecting that a conviction of rape of a child requires that the Defendant serve 100% of the sentence imposed.

The defendants, Emmett Lejuan Harvell and Bardell Nelson Joseph, were both convicted of the facilitation of tampering with evidence, a Class D felony, and simple possession of a Schedule VI controlled substance, a Class E felony. In addition, Defendant Joseph was convicted of possession of a handgun by a convicted felon, a Class E felony. On appeal, both defendants argue that the evidence was insufficient to support their convictions, and Defendant Joseph argues that he was sentenced improperly. After careful review, we affirm the judgments from the trial court.

The defendant, Michelle Lee Raines, pleaded guilty to two counts of facilitation of rape of a child, a Class B felony. Pursuant to the plea agreement, the trial court imposed an effective sentence of ten years with the manner of service left to the discretion of the trial court. Following a hearing, the trial court denied alternative sentencing and ordered the sentences served in confinement. On appeal, the defendant contends that the trial court erred in denying alternative sentencing. Discerning no error, we affirm the judgments of the trial court.

Appellant John Ayres Hewitt was convicted of driving under the influence (DUI), third offense and several other offenses stemming from a traffic stop and ensuing blood alcohol test. He was given an effective sentence of 11 months and 29 days, which was to be suspended after 150 days in custody. On appeal, Appellant contends that the arresting officer lacked probable cause to initiate the traffic stop. Appellant cites the videotape from the officer's dashboard camera as evidence that he did not engage in any suspicious driving and as a basis for discrediting the officer's testimony. Based upon our review, we see no error in the trial court's denial of Appellant's motion to suppress. However, we have determined that there are errors in the sentences noted on the judgments in counts ten and eleven. We therefore must remand the case to the

Following a jury trial, the Petitioner, James R. Smith, was convicted of one count of rape, a Class B felony, one count of sexual battery, a Class E felony, and one count of attempted false imprisonment, a Class B misdemeanor. See Tenn. Code Ann. __ 39-12-107(a), -13- 302(b), -13-503(b), -13-505(c). This Court affirmed his convictions on direct appeal. See State v. James R. Smith, No. M2005-00615-CCA-R3-CD, 2006 WL 264468 (Tenn. Crim. App., Nashville, Jan. 31, 2006), perm. to appeal denied, (Tenn. May 1, 2006). The Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner contends that the post-conviction court erred in denying him relief because his rights to due process and a fair and impartial jury were violated when five jurors ate lunch at the same table as the court clerk and two potential State witnesses. He also asserts that his trial counsel was ineffective because he (1) did not file any pretrial motions besides a request for discovery; (2) should have asked the trial court to declare a mistrial when he learned about the lunch incident; (3) failed to ask the jurors what they talked about at lunch; and (4) failed to raise the lunch incident in his direct appeal. After our review, we affirm the post-conviction court's denial of relief.

The defendant, James Walter Grooms, appeals his Hamblen County Criminal Court jury conviction of telephone harassment, a Class A misdemeanor, for which he received a sentence of 11 months and 29 days' incarceration suspended after the service of 10 days in jail. He argues that the evidence is insufficient to support his conviction and that the trial court imposed an excessive sentence. Discerning no error, we affirm the judgment of the trial court.

The Defendant, William Alexander Beasley, IV, pled guilty to aggravated assault, a Class C felony, with the trial court to determine the length and manner of service of his sentence. After a hearing, the trial court ordered the defendant to serve six years in the Tennessee Department of Correction. The defendant appeals, contending the trial court: (1) erred when it denied his request for an alternative sentence; and (2) failed to properly apply pre-trial jail credit to his sentence. After a thorough review of the record and applicable law, we affirm the sentence of incarceration, but we remand for the entry of a corrected judgment that includes jail credits of 205 days.

A Madison County jury convicted the defendant, Tyrick Lalord McIntosh, of aggravated burglary, a Class C felony. The trial court sentenced the defendant as a Range I standard offender to six years at 30% in the Tennessee Department of Correction. On appeal, the defendant contends that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court.

A Franklin County grand jury indicted the Defendant, Connell Norton, for one count of possession of a Schedule VI controlled substance with the intent to sell or deliver and one count of possession of drug paraphernalia. The defendant moved to suppress the evidence against him, which was seized during a search of his home following a warrantless entry. The trial court denied the motion to suppress. The defendant pled guilty to possession of a Schedule VI controlled substance with the intent to sell or deliver, but reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the search of his home was lawful. Because the trial court failed to state in the record the factual findings and conclusions of law supporting the denial of the motion to suppress, we are precluded from reviewing the issue before us. Therefore, we remand the case for the trial court to enter an order stating its factual findings and conclusions of law, and for further proceedings consistent with this opinion.

A Marion County jury convicted the Defendant, Thomas David Johnson, of attempted voluntary manslaughter, and the trial court sentenced him to three years, to be suspended after the service of sixty days in jail. On appeal, the defendant contends: (1) that the trial court erred when it denied his motion for judgment of acquittal; (2) that the trial court erred when it denied the defendant's request for judicial diversion; and (3) that the trial court erred when it denied him full probation. After a thorough review of the law and relevant authorities, we affirm the judgment of the trial court.

The defendant, Mark A. Owens, was convicted by a Lake County jury of the sale of less than .5 grams of cocaine, a Class C felony, and was sentenced by the trial court as a Range III, persistent offender to ten years in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

Petitioner, James Lee Johnson, appeals from the dismissal of a petition for writ of habeas corpus in which he argued that the trial court erred by failing to merge his three convictions and that the sole remaining conviction had expired. After a review, we affirm the dismissal of the petition for writ of habeas corpus because Petitioner has failed to establish that his judgments were void or that his sentences have expired. Accordingly, the judgment of the trial court is affirmed.