APPELLATE COURT OPINIONS

Appellant, Christopher Jarrod Alexander, was convicted by a Davidson County Jury of robbery. As a result, the trial court sentenced Appellant as a Range II, multiple offender, to a sentence of ten years. After the denial of a motion for new trial, Appellant filed an untimely notice of appeal. The timely filing of the notice of appeal was waived. On appeal, the following issues are presented for our review: (1) whether the evidence was sufficient to convict Appellant of robbery; (2) whether Appellant's sentence is excessive; and (3) whether the trial court erred by refusing to grant an alternative sentence. After a review of the record, we conclude that the evidence supports the conviction and that the trial court properly sentenced Appellant. Accordingly, the judgment of the trial court is affirmed.

Appellant, Rodney E. Howard, was indicted by the Davidson County Grand Jury for first degree murder. After a jury trial, Appellant was convicted and sentenced to life in prison. After the denial of a motion for new trial, this appeal ensued. Appellant seeks resolution of the following issues on appeal: (1) whether the evidence was sufficient to convict Appellant of first degree murder; and (2) whether the trial court erred by refusing to admit the transcript of the preliminary hearing testimony of a defense witness. After a review of the record, we determine that the evidence was sufficient to convict Appellant of first degree murder. Additionally, we determine Appellant waived the issue regarding the admission of the transcript for failure to move for the introduction of the transcript under the rule of completeness. Moreover, any error with respect tot he transcript was harmless. Accordingly, the judgment of the trial court is affirmed.

The Appellant, Robert M. Linder, filed a motion in the Blount County Circuit Court seeking a reduction in his sentence. The trial court denied the motion. The Appellant filed an appeal contesting the trial court's ruling. In response, the State filed a motion requesting that this court affirm the trial court's ruling pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties' briefs, we conclude that the motion was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Appellant, Frank Edward Nixon, Jr., was indicted by the Davidson County Grand Jury for attempted first degree murder. Pursuant to Hicks v. State, 945 S.W.2d 706 (Tenn. 1997); he pled guilty to attempted voluntary manslaughter, a Class D felony, in exchange for a negotiated, out-of-range sentence of eight years as a Range I, standard offender,. The trial court held a sentencing hearing to determine the manner of service of the sentence. After the hearing, the trial court denied alternative sentencing, finding that confinement was necessary: (1) to avoid depreciating the seriousness of the offense; (2) to protect society from Appellant's conduct; and (3) because measures less restrictive than confinement had been unsuccessfully applied to Appellant. Appellant filed a timely notice of appeal. On appeal, Appellant contends that the trial court improperly denied alternative sentencing. After a thorough review, we determine that the trial court properly denied alternative sentencing. Accordingly, the judgment of the trial court is affirmed. However, the matter is remanded to the trial court for entry of a corrected judgment to reflect that Appellant pled guilty to attempted voluntary manslaughter, a Class D felony.

I concur in the results reached in the majority opinion. However, I would affirm the trial court because of the defendant’s failure to include the trial transcript in the record and the attendant presumption that the trial court’s determinations were correct. See State v. Oody, 823 S.W.2d 554 (Tenn. Crim. App. 1991) (holding trial court’s ruling presumed correct in the absence of an adequate record on appeal). The 1989 Sentencing Act, as amended, requires a sentencing court to consider evidence received at the trial. T.C.A. § 40- 35-210(b)(1). Absent the trial transcript, it is impossible for us to do a de novo review of the matters relevant to sentencing.ts of the trial court.

The petitioner, Terrance Forrest, appeals the denial of his petition for post-conviction relief wherein he challenged his 2008 guilty-pleaded convictions of three counts of aggravated robbery, three counts of aggravated kidnapping, and aggravated burglary. In this appeal, he contends that he was denied the effective assistance of counsel and that his guilty pleas were not knowingly, voluntarily, and intelligently entered. Because the petitioner has failed to establish his claims by clear and convincing evidence, we affirm.

The Defendant-Appellant, Paul Richardson, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, aggravated burglary, a Class C felony, aggravated assault, a Class C felony, and unlawful possession of a handgun by a convicted felon, a Class E felony. He was sentenced as a persistent offender to twenty-five years for the aggravated robbery conviction, ten years for the aggravated burglary conviction, and fourteen years for the aggravated assault conviction. He was also sentenced as a career offender to six years for the unlawful possession of a handgun by a convicted felon conviction. The court ordered the sentences for the aggravated robbery and aggravated assault convictions to be served consecutively and the remaining sentences to be served concurrently, for an effective sentence of thirty-nine years. In addition, all of the sentences in this case were ordered to be served consecutively to a prior federal sentence for unlawful possession of a handgun by a felon. On appeal, Richardson argues that (1) the trial court erred in charging the jury on aggravated assault by intentionally or knowingly causing another to reasonably fear imminent bodily injury when the indictment charged him with aggravated assault by knowingly causing bodily injury to another, and (2) the evidence was insufficient to support his convictions. Upon review, we affirm the judgments for aggravated robbery, aggravated burglary, and unlawful possession of a handgun by a convicted felon, but we reverse and vacate the judgment for aggravated assault and remand this matter for the purpose of allowing the trial court to restructure the manner of service of the remaining sentences to include consecutive sentences, if the court deems it to be appropriate.

The defendant, Joshua Lee Arp, was convicted by a Sevier County Circuit Court jury of attempted aggravated robbery, a Class C felony; attempted robbery, a Class D felony; and public intoxication, a Class C misdemeanor. He was sentenced as a Range III offender to fifteen years on the attempted aggravated robbery conviction and twelve years on the attempted robbery conviction, to be served concurrently. On appeal, he challenges the sentences imposed by the trial court. After review, we affirm the judgments of the trial court.

The petitioner, Larry Paul Koffman, appeals from the Robertson County Circuit Court's denial of his petition for post-conviction relief. After reviewing his issues, we hold that his first issue has been previously determined and that all other issues are waived, and we affirm the order of the circuit court.

Petitioner, Charles L. Rochelle, was indicted by the Davidson County Grand Jury for aggravated robbery, aggravated assault, evading arrest while operating a motor vehicle, reckless endangerment, and possession of marijuana. Petitioner pled guilty to evading arrest and was convicted of aggravated robbery and aggravated assault after a jury trial. The remaining charges of reckless endangerment and possession of marijuana were dismissed. As a result of the convictions and guilty plea, Petitioner was sentenced to twelve years for aggravated robbery, ten years for aggravated assault, and eight years for evading arrest. The sentences were ordered to be served consecutively, for a total effective sentence of thirty years. The convictions were affirmed on appeal. State v. Charles L. Rochelle, No. M2007- 00367-CCA-R3-CD, 2008 WL 762488 (Tenn. Crim. App., at Nashville, Mar. 24, 2008). Petitioner then sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. On appeal, Petitioner argues that the post-conviction court improperly dismissed the petition for post-conviction relief. After a review of the record, we determine that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

Petitioner, Antonio L. Fuller, appeals the post-conviction court's dismissal of his petition for post-conviction relief in which he alleged the ineffective assistance of trial and appellate counsel. Specifically, Petitioner contends that trial counsel's assistance was ineffective because he failed to (1) object to the trial court's instruction to the jury concerning the lesser included offense of aggravated kidnapping; (2) object to the trial court's consideration of Petitioner's prior convictions in determining his sentencing range and the length of his sentence; and (3) failed to raise these issues in the motion for new trial. Petitioner contends that appellate counsel's assistance was ineffective because he failed to raise these issues on appeal. Petitioner also contends that the length of his sentence violates the principles set forth in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004) and asks this Court to grant him a new sentencing hearing. After a thorough review, we affirm the judgment of the post-conviction court.

The petitioner, Christopher Smith, appeals the denial of his petition for post-conviction relief. On appeal, he argues that his trial counsel was ineffective and that his due process rights were violated when the trial court failed to grant a severance. After careful review, we affirm the judgment from the post-conviction court.

The defendant, Orlando Daniel Garcia, was convicted by a Tipton County jury of facilitation of first degree murder, a Class A felony, and possession of a Schedule VI controlled substance with intent to deliver, a Class E felony, and was sentenced to concurrent sentences of nineteen years and eighteen months for the respective convictions. On appeal, the defendant has raised three issues for our review: (1) whether the evidence was sufficient to support the conviction for facilitation of first degree murder; (2) whether the trial court erred in admitting portions of a video tape of the crime into evidence; and (3) whether the trial court erred in admitting evidence that the defendant purchased and wore a shirt with a Superman logo shortly after the incident. Following review of the record, we affirm the judgments of convictions.

The Defendant, Donald Eugene O'Neal, Jr., was sentenced as a Range I, standard offender to twelve years' confinement for attempted especially aggravated robbery, a Class B felony; to four years' confinement for reckless homicide, a Class D felony; and to three years' confinement for delivery of a schedule II drug, a Class C felony; all to be served consecutively for an effective sentence of nineteen years. On appeal, the Defendant contends that the sentences are excessive. The judgments of the trial court are affirmed.

Appellant, Kathy M. Pennington, was indicted by the Lawrence County Grand Jury for one count of possession of oxycodone, a Schedule II controlled substance. After the trial court denied appellant's motion to suppress, appellant pled guilty to the charge. As part of her guilty plea, appellant reserved a certified question for appeal arguing that the trial court erred in denying the motion to suppress. After a thorough review of the record, we conclude that the evidence does not preponderate against the factual findings of the trial court that appellant consented to the search. Therefore, we affirm the decision of the trial court.

The Defendant, Michael D. Willis, appeals the Blount County Circuit Court's order revoking his probation for promotion of methamphetamine manufacture, a Class D felony, and ordering him to serve his three-year sentence in the Department of Correction. We hold that the trial court did not abuse its discretion, and we affirm the judgment.

A Greene County Criminal Court jury convicted the defendant, Terri K. Teaster, of vehicular assault, and the trial court imposed a sentence of four years' incarceration. In this appeal, the defendant contends that the evidence was insufficient to support her conviction, that the State improperly remarked on the defendant's right not to testify, and that the four-year, fully-incarcerative sentence is excessive. Discerning no error, we affirm the judgment of the trial court.

A Shelby County jury convicted the defendant, Gerald McEwen, of one count of first degree murder and one count of criminal attempt to commit first degree murder, a Class A felony. The trial court sentenced him as a Range I violent offender to life with the possibility of parole for the murder conviction and as a Range I standard offender to fifteen years for the attempted murder conviction. The court ordered him to serve the sentences concurrently in the Tennessee Department of Correction. On appeal, the defendant argues that (1) the trial court violated his right to due process by denying his counsel the opportunity to rehabilitate a prospective juror and by reprimanding the  prospective juror in front of the jury venire; (2) the trial court erred by denying his Batson challenge; (3) the trial court erred by admitting evidence in violation of Tennessee Rule of Criminal Procedure 16; and (4) the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court.

Petitioner, Jeffery Yates, appeals the Lake County Circuit Court's dismissal of his petition for writ of habeas corpus. He contends that his 1994 convictions should have been served consecutively to his 1993 convictions because he was on bail when he committed some of the offenses. Therefore, he argues that his judgments of conviction are void. After a thorough review, we affirm the judgment of the trial court.

In August 1990, a Shelby County jury convicted the petitioner of one count of robbery by use of a deadly weapon and two counts of assault with intent to commit murder in the first degree, all Class A felonies. The trial court sentenced the petitioner as a Range III persistent offender to an effective sentence of 150 years in the Tennessee Department of Correction. This court affirmed his convictions and sentences by memorandum opinion pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. The petitioner now appeals the post-conviction court’s denial of relief, arguing that he received ineffective assistance of counsel at trial and on appeal and that his sentence violated the prohibition against ex post facto laws. Following our review, we affirm the judgment of the post-conviction court.

A Sullivan County jury convicted the defendant, Bryan Keith Good, of attempted aggravated robbery, a Class C felony, criminally negligent homicide, a Class E felony, and unlawful possession of a deadly weapon, a Class E felony. The trial court sentenced him as a Range III, persistent offender to fifteen years for the Class C felony and six years for each of the Class E felonies. The court ordered the defendant to serve the sentences consecutively in the Tennessee Department of Correction, for an effective sentence of twenty-seven years. On appeal, the defendant (1) challenges the sufficiency of the evidence to support his convictions for attempted aggravated robbery and unlawful possession of a deadly weapon; (2) argues that the trial court erred in denying his motion for judgment of acquittal; and (3) contends that the trial court erred in imposing consecutive sentences and in denying alternative sentencing. Following our review, we conclude that the convictions for both attempted aggravated robbery and unlawful possession of a deadly weapon violate double jeopardy protections. The defendant's convictions for attempted aggravated robbery and unlawful possession of a deadly weapon are hereby merged. The defendant's remaining convictions and sentences are affirmed. We remand solely for the entry of appropriate judgments consistent with this opinion.

The Defendant, Wilson Palacio, challenges the sentencing decision of the Bedford County Circuit Court. Following his guilty pleas to one count of aggravated burglary and three counts of aggravated robbery, the trial court imposed an effective twenty-five-year sentence to be served in the Department of Correction. On appeal, the defendant asserts that his sentence is excessive and that the trial court erred in ordering consecutive sentences. After a review of the record, we affirm the judgments of the trial court.

After a joint jury trial, the Defendant, Katayoun Mohammadi Jaffarian, was convicted of theft of property valued at $500 or less, and the Defendant, Nader Karshenas, was convicted of theft of merchandise valued at $500 or less (collectively "the Defendants"). The defendants were each sentenced to eleven months and twenty-nine days in the Williamson County Jail. The trial court denied the defendants' motion for a new trial. Nonetheless, the defendants thereafter sought to amend their motion for new trial based upon newly discovered evidence. In this direct appeal, the defendants argue that the evidence is insufficient as a matter of law to support their convictions and that the trial court erred by denying their amended motion for new trial. Following our review of the record, we affirm the judgments of the trial court.

Appellant, Roger Stephen Riner, was convicted by a Davidson County Jury of first degree murder, felony murder, and aggravated robbery. The trial court merged the felony murder conviction with the first degree murder conviction. Appellant was sentenced to life for the first degree murder conviction and ten years for the aggravated robbery conviction, to be served consecutively to the life sentence. On appeal, the following issues are presented for our review: (1) whether the trial court erred in denying the motion for judgment of acquittal; (2) whether the trial court erred by allowing certain photographs of the victim's injuries to be admitted as exhibits; (3) whether the trial court erred by allowing the jury to view appellant's multiple tattoos; and (4) whether the trial court improperly ordered consecutive sentencing. After a thorough review of the record, we determine that the evidence was sufficient to support the convictions and that the trial court properly ordered consecutive sentencing. Further, appellant waived the remaining issues for failure to include the motion for new trial and/or transcript of the motion for new trial in the record on appeal and failed to establish plain error by the trial court with respect to these issues. Accordingly, the judgments of the trial court are affirmed.

Appellant, Shawn Simmons, appeals from his conviction for first degree murder in Lincoln County. Appellant argues that: (1) the evidence was insufficient to support the conviction; (2) the trial court erred by instructing the jury on flight; and (3) the trial court improperly ruled that the State could use prior convictions to impeach appellant's testimony in violation of Tennessee Rule of Evidence 609. After a thorough review of the record, we determine that the evidence was sufficient to support the conviction. Further, we determine that the trial court properly instructed the jury on flight where the evidence supported such an instruction and that the trial court properly ruled that the State could use appellant's prior convictions for impeachment if he chose to testify. Accordingly, the judgment of the trial court is affirmed.