APPELLATE COURT OPINIONS

A Shelby County jury convicted the Petitioner, Terrance G. Motley, of attempted first degree murder and of being a felon in possession of a handgun, and the trial court sentenced him to forty-four years in prison. We affirmed the Petitioner's convictions and sentence on direct appeal. The Petitioner then filed a petition for post-conviction relief, which the post-conviction court denied. The Petitioner now appeals, claiming the post-conviction court erred when it dismissed his petition for post-conviction relief because: (1) he received the ineffective assistance of counsel; and (2) the trial court improperly refused to appoint him another attorney after he waived his right to counsel. After a thorough review of the record and applicable law, we affirm the post-conviction court's judgment.

The Defendant, Edward Pope, pled guilty to attempted aggravated robbery and aggravated assault, with an agreed effective sentence length of seven years and with the trial court to determine manner of service. Following a sentencing hearing, the trial court ordered the Defendant to serve his sentence in confinement. The Defendant appeals, claiming the trial court erred in denying him an alternative sentence. After a thorough review of the record and applicable law, we affirm the judgments of the trial [*2] court.

A Hamilton County jury convicted the defendant, Michael Jermaine Harris, of one count of aggravated arson. The trial court sentenced him to 19 years' incarceration to be served at 100 percent as a violent offender. The defendant appeals his conviction and argues that the evidence was insufficient to support his conviction, that the trial court erred in failing to give a proper jury instruction regarding eyewitness identification, and that the trial court erred in enhancing his sentence on the basis of factors not determined by the jury. Discerning no error, we affirm the judgment of the Hamilton County Criminal Court.

The petitioner, Kilven Neal, appeals the Fayette County Circuit Court's summary dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that we dismiss the appeal based on the petitioner's failure to file a timely notice of appeal, or, in the alternative, affirm the lower court's judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that there was no timely notice of appeal filed and that the petitioner's claims do not warrant that we waive the timely notice of appeal requirement in the interest of justice. Accordingly, we dismiss the appeal.

The petitioner, Harold Gause, appeals the summary dismissal of his petition for post-conviction relief. He entered a plea of guilty to reckless driving on April 30, 2003, in exchange for a sentence of seventeen days, which he had already served. He filed a petition for post-conviction relief on April 15, 2009. On appeal, he argues that: it was improper for the post-conviction court to summarily dismiss the petition; his allegations established a colorable claim for relief; the State failed to adequately answer the allegations contained in his petition; and this court should take judicial notice of the petitioner's complaint filed with the Board of Professional Responsibility regarding the representation of trial counsel. After careful review, we affirm the summary dismissal from the post-conviction court.

The Petitioner, Darrell W. Lunsford, appeals the dismissal of his petition for a writ of habeas corpus, in which he alleged that his sentence was illegal. Upon review, we affirm the judgment of the habeas corpus court.

The defendant, Guy Henry White, entered into an open guilty plea to one count of theft of property valued at $10,000 or more but less than $60,000. See T.C.A. _ 40-3-103 (2006). The trial court sentenced him to five years to be served as 90 days' incarceration with the remainder on supervised probation. The defendant appeals from the trial court's denial of judicial diversion and its imposition of a five-year sentence. Discerning no error, we affirm.

The petitioner, William Earl Robinson, a.k.a. Edward Baxter, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief. The petitioner pled guilty to rape, a Class B felony, and was sentenced to eight years, which was suspended to probation upon acceptance of the plea. After his probationary sentence was revoked, the petitioner filed a post-conviction petition, alleging that his plea was entered unknowingly and involuntarily based upon the ineffective assistance of counsel. On appeal, he specifically contends that trial counsel was ineffective by failing to properly advise the petitioner of his potential range of punishment for the charged offenses prior to his acceptance of the plea. Following review of the record, we find no error and affirm the denial of post-conviction relief.

Irespectfully dissent from the conclusion that the incorrect release eligibility date (RED) was not a material part of the plea agreement. I do not believe the record justifies such a conclusion without an evidentiary hearing. I also do not believe that the habeas court should be the forum to determine whether the Petitioner should be entitled to withdraw his plea. Once the habeas court determines that an illegal sentence has been imposed and vacates the judgment of conviction, what then occurs in the original case should be left to the convicting court to decide.

The petitioner, Joseph R. Wiggins, appeals the Lake County Circuit Court's summary dismissal of his petition for habeas corpus relief. In his petition, he contends that the five-year sentence he received for a simple rape conviction in 1983, is illegal because of a defective indictment. The State has filed a motion requesting that this court affirm the habeas corpus court's dismissal pursuant to Rule 20, Rules of the Court of Criminal Appeals. After review, we conclude that the State's motion is meritorious because the petitioner's challenged sentence has long expired and he is no longer "restrained of his liberty" pursuant to that conviction. Accordingly, we grant the State's motion and affirm the dismissal.

The petitioner, Joseph C. Caldwell, Jr., pled guilty to robbery and aggravated burglary, both Class C felonies, and received a negotiated sentence of six years for each charge, to be served consecutively in the Tennessee Department of Correction. The post-conviction court denied the petitioner's post-conviction petition. On appeal, the petitioner argues that his trial counsel provided ineffective assistance of counsel and that he entered his guilty pleas involuntarily and unknowingly. Following our review, we affirm the judgment of the postconviction court.

Appellant, James Anthony Burgess, was indicted by the Putnam County Grand Jury for two counts of first degree murder, two counts of felony murder, one count of especially aggravated burglary, and one count of reckless endangerment. These indictments came as a result of the shooting deaths of appellant's estranged wife and her boyfriend at her home. A jury convicted appellant of two counts of second degree murder, two counts of felony murder, one count of especially aggravated burglary, and one count of reckless endangerment. The jury determined that appellant should be sentenced to life in prison for each felony murder conviction. Appellant's total effective sentence was two consecutive life sentences. We remand this case for the trial court's modification of appellant's sentence for especially aggravated burglary to aggravated burglary. In all other respects, we affirm the judgments of the trial court.

The defendant, Phil Fuller, appeals the sentencing decision of the Marshall County Circuit Court following the revocation of his probationary sentence. While on supervised probation, a violation warrant was issued alleging multiple violations of the defendant's probationary agreement. The defendant subsequently waived his right to a hearing and pled guilty to the violations. Afterwards, the trial court revoked the defendant's probation and ordered that the balance of the original effective sentence of three years and three months be served in confinement. On appeal, the defendant does not contest the trial court's revocation but argues that the court erred in ordered him to serve the sentence in confinement rather than in fashioning a sentence involving split confinement. However, after review, we conclude that the defendant has failed to establish that the trial court abused its discretion. Accordingly, the judgment of the trial court is affirmed.

The petitioner, Ricky Lynn Hill, appeals the Chester County Circuit Court's denial of his petition for post-conviction relief. The petitioner pled guilty to vehicular assault, DUI - fifth offense, attempted tampering with evidence, and leaving the scene of an accident. Pursuant to the plea agreement, the petitioner was sentenced to an effective sentence of seven years, eleven months, and twenty-nine days and released to intensive probation. On appeal, the petitioner contends that his guilty plea was not entered knowingly and voluntarily based upon trial counsel's ineffectiveness in handling the case. Following review of the record, we affirm the denial of post-conviction relief.

The pro se Petitioner, Latroy Lee Robertson, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief, in which he attacks his sentences for three counts of the sale of .5 grams or more of cocaine and three counts of the sale of twenty-six grams or more of cocaine. The petitioner seeks a delayed appeal of the sentence, alleging that his attorney was ineffective for failing to file a direct appeal of the sentences. The postconviction court summarily dismissed the petition, and, after careful review, we reverse the post-conviction court's judgment and remand for further proceedings consistent with this opinion.

The pro se petitioner, Johnny B. Ewing, II, appeals the Davidson County Criminal Court's denial of his petition for writ of habeas corpus. Following our review, we affirm the denial of the petition.

The Petitioner, Scott M. Craig, appeals the Morgan County Criminal Court's summary dismissal of his petition for a writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that the State's motion is well-taken, and the judgment of the trial court is affirmed.

The Petitioner, Arthur L. Armstrong, was convicted in 1978 of robbery, rape, kidnapping, and two counts of crime against nature and was sentenced to two life sentences, a twentyyear term, and two indeterminate terms of not less than ten years nor more than fifteen years, all of which the trial court ordered to be served consecutively. In March 2005, the petitioner filed a petition for a writ of error coram nobis, in which he alleged newly discovered evidence, and the trial court dismissed the petition after a hearing. On appeal, he contends that the dismissal was an unconstitutional denial of his right to due process. After careful review, we affirm the trial court's judgment.

The Defendant, Gary Lee Hunt, pled guilty to driving under the influence ("DUI"), second offense, and the trial court sentenced him to eleven months and twenty-nine days, forty-five days of which he was ordered to serve in incarceration with the remainder to be served on probation. In accordance with Tennessee Rule of Criminal Procedure 37, the defendant reserved as a certified question of law the issue of whether the stop of his vehicle, which led to his indictment and guilty plea, was constitutional. After a thorough review of the record and applicable authorities, we conclude that the stop of the defendant's vehicle was constitutional. Therefore, we affirm the trial court's judgment.

The defendant, Walter Jude Dec, pled guilty to 41 counts of sexual exploitation of a minor, as follows: 25 counts of possessing in excess of 100 images of a minor, a Class B felony; one count of possession between 50 and 100 images of a minor, a Class C felony; and 15 counts of possessing less than 50 images, a Class D felony. He was sentenced as a violent offender to twelve years for each of the Class B felonies and as a Range I, standard offender to six years for the Class C felony and four years for each of the Class D felonies, with all sentences to be served concurrently. On appeal, the defendant argues that his sentences are excessive and that the trial court erred in not merging the 41 counts into a single count. Following our review, we affirm the judgments of the trial court.

The appellant, E. Louis Thomas, was convicted by a jury in the Shelby County Criminal Court of one count of first degree premeditated murder and one count of felony murder. The convictions were merged, and the appellant received a sentence of life in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions. Upon review, we affirm the judgments of the trial court.

The defendant, Ryan Smith, appeals the trial court's denial of his motion to amend the judgment in his statutory rape case to eliminate the requirement that he register as a sex offender, arguing that the trial court misinterpreted Tennessee Code Annotated section 40- 39-202(20)(A)(ii), which defines when a statutory rape conviction triggers sex offender registry requirements. Based on our review, we agree that the trial court misinterpreted the statute and that the defendant's conviction does not require his registration as a sex offender. Accordingly, we reverse the trial court's order and remand for the court to amend the defendant's judgment to remove the defendant's placement on the sex offender registry.

The petitioner, Damien Tolson, appeals the denial of his petition for post-conviction relief from his first degree premeditated murder conviction, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. After review, we affirm the denial of the petition.

Defendant, Don Birdwell, was convicted of one count of aggravated assault, a Class C felony, and one count of vandalism of property valued between $1,000 and $10,000, a Class D felony. The trial court sentenced defendant as a Range I, standard offender, to concurrent sentences of three years, six months for his aggravated assault conviction, and two years, six months, for his vandalism conviction, for an effective sentence of three years, six months. The trial court ordered defendant to serve ninety days in confinement, after which the sentence was suspended and defendant placed on probation. On appeal, defendant argues that (1) the evidence is insufficient to support his convictions of aggravated assault and vandalism; (2) the trial court impermissibly commented on the evidence; and (3) the trial court erred in denying defendant's request for full probation. After a thorough review of the record, we affirm the judgments of the trial court.

The defendant, Elmi Abdulahi Abdi, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony, and sentenced to thirty years in the Department of Correction as a Range III, persistent offender. On appeal, he challenges the sufficiency of the evidence and the sentence imposed by the trial court. After review, we affirm the judgment of the trial court.