APPELLATE COURT OPINIONS

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.

A Moore County jury convicted the Petitioner, Thomas M. Goss, of one count of rape and one count of aggravated burglary, and the trial court sentenced him to an effective sentence of twelve years in the Tennessee Department of Correction. The petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief, and the petitioner now appeals. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

The defendant, Terrence Donnell Pirtle, was convicted by a Gibson County jury of possession of cocaine with the intent to deliver or sell, a Class C felony, and possession of drug paraphernalia, a Class A misdemeanor, and was sentenced by the trial court as a Range II offender to an effective term of four years in the Department of Correction. In a timely appeal to this court, he argues that the trial court should have granted his motion to suppress on the basis that the search warrant failed to establish a sufficient nexus between his alleged criminal activity and the residence where the drugs and drug paraphernalia were found. The State responds by arguing that the defendant has waived the issue by his failure to include it in his motion for new trial or to provide an adequate record for our review. We agree with the State. Accordingly, we affirm the judgments 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.

The pro se defendant, Jeffrey S. Zarnik, appeals the trial court's denial of his motion to reduce or discharge his fine for his 2006 DUI conviction, arguing that the court denied the motion under the erroneous belief that it had no authority to waive the minimum fine in a DUI case. We agree with the defendant. Accordingly, we reverse the judgment of the trial court and remand the case for the trial court to consider the defendant's motion on its merits.

The Petitioner, William Edward Watkins, appeals the Maury County Circuit Court's denial of his petition for post-conviction relief from his convictions for two counts of first degree felony murder and one count of attempted aggravated robbery, for which he is serving consecutive life sentences plus three years. In this appeal, the petitioner contends that he is entitled to post-conviction relief because trial counsel was ineffective for failing to request the jury instructions on lesser included offenses and for failing to raise the issue in his motion for new trial in order to preserve the issue for appellate relief. We affirm the judgment of the post-conviction court.

The defendant, James Parker, aka "Self," was convicted by a Sullivan County Criminal Court jury of sale of less than 0.5 grams of cocaine, a Class C felony; delivery of less than 0.5 grams of cocaine, a Class C felony; possession of 0.5 grams or more of cocaine with intent to sell or deliver, a Class B felony; sale of 0.5 grams or more of cocaine, a Class B felony; delivery of 0.5 grams or more of cocaine, a Class B felony; sale of 0.5 grams or more of cocaine within 1000 feet of a school, a Class A felony; and delivery of 0.5 grams or more of cocaine within 1000 feet of a school, a Class A felony. The alternate delivery counts merged into the sale counts, and the trial court sentenced the defendant to six years for sale of less than 0.5 grams of cocaine, eight years for possession of 0.5 grams or more of cocaine with intent to sell or deliver, eight years for sale of 0.5 grams or more of cocaine, and twenty-five years for sale of 0.5 grams or more of cocaine within 1000 feet of a school. The court ordered that the twenty-five-year sentence be served consecutively to the other sentences, which were to be served concurrently, for an effective term of thirty-three years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence and the sentences imposed by the trial court. After review, we affirm the judgments of the trial court. However, the judgment in count seven incorrectly identifies the defendant's conviction for delivery of 0.5 grams or more of cocaine within 1000 feet of a school as a Class B felony; therefore, we remand for entry of a corrected judgment.

The Petitioner, Milton L. Byrd, appeals as of right from the Bledsoe County Circuit Court's summary dismissal of his petition for writ of habeas corpus attacking his 1992 convictions of aggravated assault and second degree murder. On appeal, he contends that the judgments are void because (1) they were imposed in contravention of the law concerning the service of sentences for offenses committed while on bail, and (2) he was erroneously declared infamous. Following our review, we affirm the order of the trial court.

The Defendant, Keith A. Whited, was charged with first degree murder, driving under the influence (fourth offense), and driving on a revoked license. Following a jury trial, the defendant was convicted of second degree murder, a Class A felony, driving under the influence (fourth offense), a Class E felony, and driving on a revoked license, a Class B misdemeanor. See Tenn. Code Ann. __ 39-13-210(c); 55-10-403(a)(1), -50-504(a)(1). In this direct appeal, the defendant contends that: (1) the verdict was against the weight of the evidence; (2) the testimony of the three eyewitnesses for the State was tainted and should have been disregarded; (3) the police investigation was mishandled and the crime scene was not protected; and (4) the lead investigator's testimony was inconsistent and should have been disregarded. After our review, we affirm the defendant's convictions. We remand solely for the purpose of entry of a corrected judgment form for the second degree murder conviction.

The defendants, Anthony Hall, Eric Murrell, and Erica Williams were convicted by a Shelby County Criminal Court jury of especially aggravated robbery, a Class A felony. Defendants Murrell and Hall were sentenced to eighteen years and Defendant Williams was sentenced to fifteen years, in the Department of Correction. In this consolidated appeal, the defendants challenge the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.

The defendant, O'Neal Johnson, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and was sentenced to twenty-five years in the Department of Correction at 100% as a violent offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court.

The Petitioner, Joel Keener, appeals as of right the Warren County Circuit Court's denial of his petition for post-conviction relief. In 2005, the petitioner was convicted by a jury of facilitation of manufacturing methamphetamine and sentenced to eight years in the Department of Correction. On appeal, he argues that the denial of his petition was error because he did not receive the effective assistance of counsel at trial. Specifically, he contends that counsel failed to seek severance of the charges, failed to seek suppression of the petitioner's statement, and failed to challenge admission of a photograph showing iodinestained hands. He argues that the cumulative effect of these errors denied him a fair trial. 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.

The Defendant, Baldomero Galindo, was convicted by a Knox County Criminal Court jury of first degree murder, for which he is serving a life sentence. On appeal, he contends that (1) the trial court erred in dismissing his motion for new trial on the basis it was untimely, (2) the evidence is insufficient to support his conviction, (3) the trial court erred in denying his pretrial motion to suppress his inculpatory statement, and (4) the trial court erred in denying his motion for a mistrial based upon the State's failure to disclose discovery materials in a timely manner. We affirm the judgment of the trial court.

The petitioner, Kevin Jones, appeals the denial of his petition for post-conviction relief from his conviction for aggravated child abuse, arguing that his trial counsel provided ineffective assistance by his failure to obtain a defense expert medical witness and that Tennessee Supreme Court Rule 13, which restricts funding for expert witnesses in non-capital postconviction proceedings, violates the Equal Protection Clause of the United States Constitution. Following our review, we affirm the denial of the petition.

Petitioner, Daniel Stewart, entered open guilty pleas to two counts of Class C felony theft, one count of forgery, and one count of passing a worthless check, also Class C felonies, for which petitioner was sentenced, following a sentencing hearing, as a Range I standard offender to six years confinement for each count, to be served concurrently. In this appeal from the court's denial of his post-conviction petition, petitioner asserts that (1) he received ineffective assistance of counsel at trial; (2) his guilty plea was entered involuntarily; and (3) he received ineffective assistance of counsel regarding waiving his right to appeal he did not effectively waive his right to appeal. Finding no error, we affirm the judgment of the post-conviction court.

The defendant, Justin Dewayne Rogers, was convicted of rape of a child, a Class A felony, and sentenced to twenty-five years in the Department of Correction. On appeal, he argues that the evidence was insufficient and that the trial court erred in admitting the victim's medical records in violation of his right to confrontation. After careful review, we affirm the judgment from the trial court.

The Defendant, Eddie Lattimore, was found guilty by a Dekalb County Circuit Court jury of possession of schedule II hydromorphone with the intent to sell, a Class C felony; possession of schedule II morphine, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. __ 39-17-417(a)(4), -418(a), -425(a)(1) (2010). He was sentenced as a Range III, persistent offender to fourteen years' confinement for possession of hydromorphone with intent to sell and to eleven months, twenty-nine days' each for possession of morphine and possession of drug paraphernalia, all to be served concurrently. On appeal, he contends that the evidence was insufficient to support his convictions. We affirm the judgments of the trial court.

The Defendant, Steve Billman, Jr., was convicted of driving under the influence (DUI), second offense, a Class A misdemeanor, and violation of the implied consent law, a Class C misdemeanor. Following a sentencing hearing, the trial court sentenced the Defendant for DUI, second offense, to 11 months and 29 days suspended to probation following the service of 60 days in the county jail. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to sustain his conviction for DUI and that (2) the trial court erred in denying the Defendant's motion for a mistrial. Following our review, we conclude that the trial court abused its discretion in declining to grant a mistrial. Therefore, we reverse the judgment of the trial court and remand the case for a new trial.