APPELLATE COURT OPINIONS

The Defendant, George Vincent Ware, pled guilty in the Hamilton County Criminal Court in two separate cases on September 27, 2007. In Case Number 262379, the defendant pled guilty to introduction of contraband in a penal institution, a Class C felony, and was sentenced as a multiple offender to seven years, suspended to "intensive probation." In Case Number 262471, the defendant pled guilty to theft of property, a Class D felony; criminal impersonation, a Class B misdemeanor; and driving on a revoked or suspended license, a Class A misdemeanor. The defendant was sentenced as a standard offender to three years, six months, and eleven months and twenty-nine days, respectively, for the convictions in Case Number 262471. The trial court ordered the sentences in Case Number 262471 to be served concurrently with one another but consecutively to the sentence imposed in Case Number 262379. Thus, the defendant received a total effective sentence of ten years. Following the filing of a probation violation warrant and a finding that the defendant violated the terms of his probationary sentence, the trial court revoked his probation and ordered the defendant to serve the balance of his sentence in custody. In this appeal as of right, the defendant contends that the trial court abused its discretion by ordering the dDefendant to serve his sentence. Following our review, we affirm the judgments of the trial court.

The Defendant, Marty Ray Harris, pled guilty in the Davidson County Criminal Court to theft of property valued at $10,000 or more but less than $60,000, a Class C felony. He received a four-year sentence, to be served in split confinement of two months and the balance on probation. At issue in this appeal is the amount of restitution for damages caused by his crime. We reverse the portion of the judgment awarding restitution to Christopher Edwards, and we remand the case to the trial court for a hearing on the proper amount of restitution for the named victim, John Witherspoon.

The defendant, Lisa Christina Simpson Tuttle, appeals the Davidson County Criminal Court's revocation of her suspended sentence. Because the defendant failed to file a proper notice of appeal and because the interests of justice do not require that this court excuse the failure to file the notice of appeal, we dismiss the appeal.

The Petitioner, Gerome J. Smith, was convicted of first degree murder and sentenced to life imprisonment. In May 2008, the petitioner filed a petition for a writ of error coram nobis, in which he alleged the existence of newly discovered evidence. The trial court dismissed the petition based upon the one-year statute of limitations. On appeal, the petitioner contends the dismissal was an unconstitutional denial of his right to due process. After a thorough review of the record and applicable law, we affirm the trial court's judgment.

A Montgomery County jury convicted the Defendant, Mario A. Reed, of aggravated burglary, two counts of aggravated rape, and theft under $500, and the trial court sentenced him to an effective sentence of forty years in the Tennessee Department of Correction. On appeal, the defendant contends: (1) the juvenile court erred when it transferred his case to the circuit court for him to be tried as an adult; (2) the trial court erred when it instructed the jury on aggravated rape; and (3) the trial court erred when it sentenced him. After a thorough review of the record and applicable authorities, we affirm the trial court's judgments.

The petitioner, Dennis B. Reece, pled guilty to second degree murder in October 2005. In September 2008, he filed a petition for post-conviction relief in the convicting court. The post-conviction court dismissed the petition as untimely. On appeal, the petitioner argues that the Tennessee Supreme Court's opinion in State v. Gomez, 239 S.W.3d 733 (Tenn. 2007) ("Gomez II"), created a new constitutional rule entitled to retrospective application and that this court should deem the one-year statute of limitations period to extend from the publication of Gomez II. Following our review, we affirm the judgment of the postconviction court.

The petitioner, Benny Taylor, Jr., appeals the denial of his petition for post-conviction relief wherein he challenged his 2008 Lauderdale County Circuit Court conviction of possession with intent to deliver cocaine. In this appeal, he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court.

A Hawkins County Criminal Court jury convicted the defendant, Ron "Cotton" Seals, of one count of possession with intent to deliver .5 grams or more of cocaine; one count of possession with intent to deliver dihydrocodeinone, a schedule II controlled substance; one count of possession with intent to deliver alprazolam, a schedule IV controlled substance; one count of possession with intent to deliver one-half ounce or more of marijuana; one count of maintaining a dwelling where controlled substances are used, kept, or sold; and one count of possession of drug paraphernalia. The trial court imposed a total effective sentence of 20 years' incarceration. In this appeal, the defendant contends that the evidence was insufficient to support his convictions and that his sentence is excessive. Discerning no error, we affirm the judgments of the trial court.

The defendant, Joseph Shaw, Jr., was convicted by a Madison County jury of one count of rape, a Class B felony, and one count of sexual battery, a Class E felony. The trial court merged the sexual battery conviction into the rape conviction and sentenced the defendant as a Range I offender to eleven years at 100% in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence and argues that the trial court erred by admitting a prior consistent statement of the victim without issuing a limiting instruction and by imposing an excessive sentence. Following our review, we affirm the judgment of the trial court.

The Petitioner, Jose Holmes, appeals pro se the trial court's summary dismissal of his petition for habeas corpus relief from his conviction for especially aggravated robbery, a Class A felony, for which he was sentenced as a Range III, career offender to sixty years in the Department of Correction. The petitioner contends that the judgment is void because the State failed to file a notice of intent to seek enhanced punishment at least ten days before the trial. We affirm the judgment of the trial court.

Following a jury trial, the Defendant, Terry Lynn Craft, was convicted of two counts of vehicular homicide by intoxication, a Class B felony. See Tenn. Code Ann. _ 39-13-213(b)(2). In this direct appeal, he contends that: (1) the State presented evidence insufficient to convict him; and (2) the trial court violated the hearsay rule in admitting a recording of a 911 call. After our review, we affirm the judgment of the trial court.

The Defendant, Donnie Edward Braddam, appeals the Hamilton County Criminal Court's order revoking his probation for aggravated burglary, a Class C felony, and ordering him to serve the balance of his three-year sentence in the Department of Correction. We hold that the trial court did not abuse its discretion, and we affirm its judgment.

On the evening of May 25, 2007, Appellant, Edward Lee Adkins, was arrested at the hospital for driving under the influence ("DUI"). This arrest occurred after Trooper Brandon Hunt was called to the scene of an accident where he found a truck registered to Appellant upside down in a ditch. When Trooper Hunt arrived at the hospital, he smelled alcohol and ordered a blood alcohol test. Appellant's blood alcohol level was found to be 0.19 percent by the Tennessee Bureau of Investigation ("TBI") Crime Laboratory. The Franklin County Grand Jury indicted Appellant for two counts of DUI, one count of DUI, third offense, one count of reckless driving, and one count of violation of the registration law. After a jury trial, Appellant was convicted of both counts of DUI, reckless driving, and violation of the registration law. The trial court held a bench trial and determined that Appellant was guilty of DUI, third offense. Appellant was sentenced to an effective sentence of eleven months and twenty-nine days, with one hundred and twenty days to be served in jail and the remainder to be served on probation. On appeal, Appellant argues that the trial court erred in admitting the two convictions used to support his conviction for DUI, third offense because they were not self-authenticating. Appellant also argues that the evidence was insufficient to support his convictions for DUI, third offense and reckless driving. After a thorough review of the record, we conclude that both issues are without merit. Therefore, the judgments of the trial court are affirmed.

Following a jury trial, the Defendant, Charles Laten Howell, III, was convicted of promotion of methamphetamine manufacture, a Class D felony. See Tenn. Code Ann. _ 39-17-433(e). In this appeal, he contends that the trial court erred in admitting blister packs of pseudoephedrine caplets because the State failed to establish a chain of custody. After our review, we affirm the judgment of the trial court.

The State appeals the trial court's dismissal of the charge of driving under the influence ("DUI") against Appellee, Stephen James Thompson. The trial court dismissed the charge after finding that the statute of limitations had expired before the Maury County Grand Jury indicted Appellee. On appeal, we determine that the trial court improperly dismissed the charges because Appellee waived his preliminary hearing and agreed to allow the case to be bound over to the grand jury prior to the expiration of the statute of limitations. Therefore, the judgment of the trial court is reversed and remanded for reinstatement of the indictment against Appellee for DUI.

Following a jury trial, the Defendant, Derek Alton Badger, was convicted of one count of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. _ 39-13-504(b). In this appeal, he contends that the State presented evidence insufficient to convict him. After our review, we affirm the judgment of the trial court.

The Petitioner, Gary Thomas Russell, pleaded nolo contendere to one count of aggravated assault. He was sentenced as a Range II, multiple offender to nine years in the Department of Correction. He later filed a petition for post-conviction relief; following a hearing, the Circuit Court of Madison County denied his petition. In this appeal, he contends that the trial court erred in holding that petitioner's trial counsel rendered effective assistance. After our review, we affirm the judgment of the post-conviction court.

Appellant, Patrick Pope, was indicted by the Maury County Grand Jury in March of 2007 for aggravated burglary, aggravated assault, aggravated robbery, and aggravated kidnapping. After a jury trial, Appellant was found guilty on all counts. Appellant was sentenced to an effective sentence of eleven years. After a hearing on the motion for new trial, the trial court entered a judgment of acquittal on the conviction for aggravated kidnapping. The trial court denied the remainder of the motion for new trial, and Appellant has appealed. On appeal, the following issues are presented for our review: (1) whether the evidence was sufficient to support the convictions; (2) whether the accomplice testimony was adequately corroborated; (3) whether the trial court properly sentenced Appellant. After a review of the record, we determine that the accomplice testimony was adequately corroborated by direct and circumstantial evidence, that the evidence was sufficient to support the convictions, and that the trial court properly sentenced Appellant to an effective sentence of eleven years. Accordingly, the judgments of the trial court are affirmed.

The defendant, Kenneth Gregory Allen, was convicted of two counts of the sale of less than .5 grams of cocaine base and two counts of delivery of less than .5 grams of cocaine base, both Class C felonies; and sale of more than .5 grams of cocaine base, delivery of more than .5 grams of cocaine base, possession of more than .5 grams of cocaine with the intent to sell, and possession of more than .5 grams of cocaine with the intent to deliver, all Class B felonies. The trial court merged the delivery convictions with the convictions for the sale of cocaine. The defendant was sentenced to serve thirty years at sixty percent for the conviction for sale of more than .5 grams of cocaine and for the possession with the intent to sell. He was sentenced to serve fifteen years at sixty percent for the two convictions for the sale of less than .5 grams of cocaine. The sentences were ordered to run concurrently with each other but to run consecutively to case 16510, also a drug conviction, and "any unexpired sentence." This resulted in an aggregate forty-year sentence. On appeal, the defendant argues that the trial court imposed an improper sentence. After careful review, we affirm the judgments from the trial court.

The Defendant, James Arthur Johnson, was charged with two counts of premeditated firstdegree murder, two counts of felony murder, and one count of aggravated robbery for events that occurred on the evening of June 18, 2006. Co-defendant Rodney Lenier Williams was also charged in all five counts, but his case was severed from the defendant's case before trial. A jury sitting in the Criminal Court for Davidson County found the defendant not guilty of the two counts of premeditated first-degree murder, guilty of the two counts of felony murder, and guilty of the count of aggravated robbery. The defendant was given concurrent life sentences for the felony murder convictions. For the aggravated robbery conviction, the defendant was given an eleven year sentence to run consecutively to the two life sentences. In this appeal as of right, the defendant argues (1) that the evidence was insufficient to sustain his convictions, (2) that the trial court erred in allowing a non-expert witness to give his opinion, and (3) that the trial court erred in sentencing the defendant. Following our review, we affirm the judgments of the trial court.

Petitioner, Raymond Douglas Myers, was convicted of three counts of first degree murder, two counts of felony murder, one count of aggravated arson, and one count of conspiracy to commit murder. See State v. Raymond Douglas Myers, Sr., No. M2003-01099-CCA-R3-CD, 2004 WL 911280, at *1 (Tenn. Crim. App., at Nashville, Apr. 20, 2004), perm. app. denied, (Tenn. Nov. 8, 2004). The trial court merged the felony murder convictions and the conspiracy to commit murder conviction with the three convictions for first degree murder. Id. Petitioner was sentenced to consecutive life sentences without the possibility of parole for the murder convictions, and a consecutive twenty-four year sentence for the aggravated arson conviction. On direct appeal, this Court affirmed the judgments of the trial court. Id. at *7. Petitioner sought post-conviction relief in a lengthy pro se petition. Counsel was appointed. After a hearing on the petition for relief, the post-conviction court denied the petition. Petitioner has appealed the denial of post-conviction relief, arguing that the postconviction court should have determined that Petitioner received ineffective assistance of counsel at trial. After a thorough 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.

Defendant, Joel Adam Alexander, was indicted for possession of more than .5 grams of a Schedule II substance containing a cocaine base with the intent to sell, possession of more than .5 grams of a Schedule II substance containing a cocaine base with intent to deliver, possession of more than .5 ounces of marijuana with the intent to sell, possession of more than .5 ounces of marijuana with the intent to deliver, and possession of drug paraphernalia. On June 16, 2008, defendant entered a plea of guilty to possession of more than .5 grams of a Schedule II substance containing a cocaine base with intent to sell, with an agreed sentence of ten years as a Range I, standard offender. The manner of service of the sentence was left to the trial court's determination. Following a sentencing hearing, the trial court ordered the sentence to be served by incarceration. On appeal, defendant challenges the trial court's denial of alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.

Petitioner, Javonte Demontez Terrell, was indicted for first degree murder. He entered a best interest plea to second degree murder in exchange for a twenty-year sentence. Petitioner then filed a pro se petition for post-conviction relief. After an amended petition was filed, the post-conviction court held a hearing. The petition was dismissed by the post-conviction court. Petitioner filed an untimely notice of appeal. This Court waived the timely filing of the notice of appeal. Petitioner challenges the dismissal of the petition. After a review of the record on appeal, we conclude that Petitioner has failed to prove that his guilty plea was involuntary or that he received ineffective assistance of counsel. Accordingly, we affirm the judgment of the post-conviction court.

Defendant, Jermaine Smith, appeals the trial court's order revoking Defendant's probation in various sentences and ordering Defendant to serve his sentences in confinement. It appears from the record that as of the probation violation hearing on February 9, 2009, a "fourth amended" probation violation warrant was pending against Defendant. This warrant alleged that Defendant had violated various terms and conditions of his probation in Montgomery County cases numbered 40300037, 40600256, and 40601232. In this appeal, Defendant acknowledges that the evidence showed he violated the terms of his probation. However, he argues that the trial court should have reinstated probation rather than order service of the sentence by incarceration. After full review we affirm the orders of the trial court.

Petitioner, Dallas R. Myers, Jr., appeals the trial court's summary dismissal of his petition for writ of habeas corpus. He alleges that his sentence is illegal because the trial court sentenced him above the presumptive minimum sentence absent a finding of enhancement factors. After a thorough review, we affirm the judgment of the trial court.