APPELLATE COURT OPINIONS

The Defendant, James H. Saint, Jr., was convicted of six counts of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. _ 39-13-504(b). The trial court, applying the 2005 Amendments to our Sentencing Act, originally sentenced the Defendant to serve sixty-six years in the Department of Correction. On his first appeal, however, we reversed his sentences and remanded his case for resentencing under the 1989 Act. See State v. Saint, 284 S.W.3d 340, 348 (Tenn. Crim. App. 2008). Following a resentencing hearing, held on May 14, 2009, the trial court again sentenced the Defendant as a Range I, standard offender to eleven years for each of his six convictions, those sentences to be served consecutively to one another, for a total effective sentence of sixty-six years in the Department of Correction. On this appeal, the Defendant contends that the trial court erred in setting the length of his sentences and in ordering him to serve them consecutively. After our review, we affirm the judgments of the trial court.

The Defendant, Barbara Ann Riggs, was found guilty by a Knox County jury of theft of property valued at $10,000 or more but less than $60,000, a Class C felony. See T.C.A. __ 39-14-103; -105(4). The trial court imposed a Range I, six-year sentence to be served on probation consecutively to a one-year sentence in another case and set the amount of restitution at $28,600.95. In this appeal, the Defendant argues that the evidence was insufficient to support her conviction, that the trial court erred in enhancing her sentence based upon enhancement factors that were not found by a jury to exist beyond a reasonable doubt, and that the court erred in awarding restitution for attorney's fees and accountant's fees the victim incurred as a consequence of the crime. We affirm the judgment of the trial court.

The petitioner, Melvin S. Nettles, appeals the denial of post-conviction relief by the Davidson County Criminal Court. In 2007, he pled guilty to sale of less than 0.5 grams of cocaine, a Class C felony. Pursuant to a plea agreement, he received a twelve year sentence to be served on community corrections. He was also assessed a fine of $2,000. The trial court subsequently found that the petitioner violated his community corrections' sentence and ordered confinement. On appeal, the petitioner challenges the denial of his petition for post-conviction relief, claiming: (1) his guilty plea was not knowing and voluntary; and (2) he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.

The Petitioner, Michael V. Morris, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony. He was sentenced as a Range III, career offender to thirty years at sixty percent in the Tennessee Department of Correction. He filed a pro se petition for habeas corpus relief in the Hickman County Circuit Court, which was summarily dismissed. On appeal, the Petitioner argues that his judgment is void because it violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004); because, alternatively, the trial court improperly sentenced him under the 2005 amended sentencing act without a waiver, which resulted in a violation of ex post facto prohibitions; and because the trial court erred in classifying him as a career offender. Upon review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus.

Defendant-Appellant, Lawrence Hailey, was convicted by a Shelby County jury of one count of robbery, a Class C felony. He was sentenced as a Range II, multiple offender to serve nine years and six months in the Tennessee Department of Correction. In this appeal, Hailey argues: (1) the evidence is insufficient to support his conviction, and (2) his sentence is excessive. Following our review, we affirm the judgment of the trial court.

The Defendant, David Nagele, appeals from the Knox County Criminal Court’s denial of his motion to withdraw his plea to attempted aggravated sexual battery, a Class C felony, following correction of the judgment to reflect that the Defendant was subject to community supervision for life. We hold (1) that the trial court did not err in denying the motion and (2) that the Defendant is not entitled to plain error relief in his challenge to the constitutionality of the community supervision for life statute. The judgment of the trial court is affirmed.

Following a jury trial, Defendant, Kevin McDougle, was convicted of two counts of aggravated robbery, a Class B felony, and one count of aggravated assault, a Class C felony, in case no. 06-04209. The trial court sentenced Defendant as a Range I, standard offender, to twelve years for each aggravated robbery conviction and six years for his aggravated assault conviction. Defendant was convicted in case no. 07-01739 of the offense of unlawful possession of a handgun by a convicted felon, a Class E felony. The trial court sentenced Defendant to two years for this conviction. The trial court ordered Defendant to serve all of his sentences consecutively for an effective sentence of thirty-two years. On appeal, Defendant argues that (1) the trial court erred in denying his motion to sever; (2) the trial court erred in providing a jury instruction on flight; (3) the imposition of consecutive sentencing violates his Sixth Amendment right to trial by jury; and (4) the trial court erred in finding that Defendant was a dangerous offender for consecutive sentencing purposes. After a thorough review, we affirm the judgments of the trial court.

A Davidson County jury found the Defendant, Roderick Sammual Chadwick, guilty of attempted voluntary manslaughter and aggravated assault. The trial court imposed concurrent terms of twelve years and fifteen years, respectively, for these convictions. Under the same indictment, the Defendant pleaded guilty to being a felon in possession of a weapon. The trial court sentenced the Defendant to six years for this conviction, to be served consecutively to the effective fifteen-year sentence, for a total effective sentence of twentyone years in the Department of Correction. In this direct appeal, the Defendant asserts that the evidence was insufficient to support his convictions and that consecutive sentencing was improper. Because the record on appeal does not include the necessary transcripts of what transpired in the trial court, we conclude that the Defendant has waived the issues argued on appeal. We must presume that the evidence was sufficient to support his convictions and that the sentencing ruling of the trial court was correct; therefore, the judgments of the trial court are affirmed.

The petitioner, Bernard Henry, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of both trial and appellate counsel. Following our review, we affirm the denial of the petition.

The Defendant, Demance Marshall Beasley, was charged with: one count of attempted especially aggravated robbery, a Class B felony, see Tennessee Code Annotated sections 39- 13-403(b), -12-107(a); one count of attempted first degree murder, a Class A felony, see Tennessee Code Annotated sections 39-13-202(c), -12-107(a); and one count of aggravated assault, a Class C felony, see Tennessee Code Annotated section 39-13-102(e)(1). Following a jury trial, he was convicted as charged. In this direct appeal, he contends that: (1) the State presented evidence insufficient to convict him; (2) the trial court erred by foreclosing crossexamination of the victims regarding their drug usage; and (3) the trial court improperly instructed the jury regarding identification of the Defendant as the perpetrator of the crime. After our review, we affirm the judgments of the trial court.

This matter is before the Court upon the State's motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Marquise Harris, has appealed the trial court's order dismissing his petition for writ of habeas corpus in which Petitioner alleged that: (1) he received ineffective assistance of counsel; (2) was subject to an illegal search, seizure, and arrest; and (3) he received an unconstitutional enhancement of his sentences. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition for habeas corpus relief and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

A Marshall County Circuit Court Jury found the appellant, Ronald Lee Stewart, guilty of aggravated burglary, theft, and vandalism. The trial court sentenced the appellant as a Range III persistent offender to a total effective sentence of thirteen years in the Tennessee Department of Correction. On appeal, the appellant argues that his convictions "violate[] the Sixth Amendment because of juror fatigue" and that the trial court erroneously found him to be a persistent offender. Upon review, we affirm the judgments of the trial court.

Petitioner, Maurice Darnell Tyler, was convicted of two counts of first degree murder and received a total effective sentence of life without the possibility of parole. Subsequently, Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court.

The appellant, William Ladonte Davis, pled guilty to possession of .5 grams or more of a substance containing cocaine with the intent to sell and conspiracy to sell cocaine, receiving sentences of eleven years and five years, respectively. On appeal, the appellant challenges the trial court's denial of alternative sentencing, specifically contending that he should have been sentenced to probation or community corrections. Upon review, we affirm the judgments of the trial court.

The Petitioner, Travis Jay Lester, pled guilty in the Wilson County Criminal Court to introduction of contraband into a penal facility, resisting arrest, and two counts of assault. He received a total effective sentence of four years in the Tennessee Department of Correction. Subsequently, the Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court.

The Defendant, Sidney Leonard Pigg, III, was convicted by a Marshall County jury of Class D felony theft of property. See Tenn. Code Ann. _ 39-14-103. The trial court imposed a three-year sentence for this conviction, which was to be suspended following service of sixty days. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction. Following our review of the record, we affirm the judgment of the trial court.

The pro se petitioner, Yolanda D. Barefield, appeals the summary dismissal of her petition for post-conviction relief. On appeal, she alleges that she entered an involuntary guilty plea due to the ineffective assistance of counsel. After careful review, we remand to the trial court for appointment of counsel and a hearing regarding the issue of whether the petitioner received ineffective assistance of counsel with regard to her guilty plea to felony escape.

A Warren County jury convicted the Defendant, Christopher Lee Barnett, of attempted aggravated cruelty to animals. The trial court sentenced him to eleven months and twenty-nine days, ordering him to serve seventy-five days in jail and the balance of his sentence on probation. The defendant appeals, contending the evidence was insufficient to support his conviction and that the trial court improperly sentenced him. After a thorough review of the record and relevant authorities, we affirm the trial court's judgment.

The defendant, Terance Rose, stands convicted of reckless homicide, a Class D felony, and especially aggravated robbery, a Class A felony. The trial court sentenced him as a Range I standard offender to three years for reckless homicide and twenty years for especially aggravated robbery. On appeal, the defendant argues that (1) the trial court erred in allowing the state to amend the indictment over the defendant’s objection, (2) the sheriff’s deputies violated his Fourth Amendment right to be free from unreasonable searches, and (3) the deputies took his third statement in violation of his Sixth Amendment right to counsel. Following our review, we affirm the judgments of the trial court.

Petitioner Lemar J. White was convicted of first degree premeditated murder and sentenced to life in prison. After this court affirmed his conviction, he filed a petition for post-conviction relief, alleging he received ineffective assistance of both trial and appellate counsel. Specifically, he claims both attorneys should have challenged the validity of his warrantless arrest because the State did not supply a sufficient basis for finding probable cause. We affirm.

The defendant, Tracy Lynn Cope, was convicted of one count of especially aggravated kidnapping, a Class A felony; one count of aggravated kidnapping, a Class B felony; and one count of false imprisonment, a Class A misdemeanor. He was sentenced as a Range II, multiple offender to forty years for the Class A felony, twenty years for the Class B felony, and eleven months and twenty-nine days for the Class A misdemeanor. The sentences were ordered to run concurrently for a total effective sentence of forty years. On appeal, he argues that: the evidence was insufficient to support his convictions; the trial court erred in allowing the victim to testify that the defendant broke his hand by hitting her in the face; trial counsel was ineffective; and he was improperly sentenced. After careful review, we affirm the judgments from the trial court.

On August 13, 2007, Petitioner, Moncelle Voorhies, pled guilty in Rutherford County to sale of cocaine under .5 grams. Petitioner filed a petition for post-conviction relief on August 11, 2008, alleging that his guilty plea was not entered knowingly and voluntarily and that he was afforded ineffective assistance of counsel. Following an evidentiary hearing on the petition, the post-conviction court denied the petition. Petitioner now brings this appeal from the post-conviction court's denial of his petition. After a review of the record and arguments on appeal, we conclude that Petitioner entered his plea knowingly and voluntarily and that he was afforded effective assistance of counsel. Therefore, we affirm the post-conviction court's denial of the petition for post-conviction relief.

The appellant, Cedric Antonio Conner, pled guilty in the Hamilton County Criminal Court to aggravated assault and received a six-year sentence. On appeal, he challenges the trial court's refusal to grant him an alternative sentence. Upon review, we affirm the judgment of the trial court.

The petitioner, Earnest Banks, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner pled guilty to burglarizing a motor vehicle and was sentenced, as a Range II offender, to a term of three years in the Department of Correction. On appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, he contends that trial counsel placed him in “an untenable position of mounting no defense . . . or waiving his privilege against self-incrimination,” based upon trial counsel’s refusal to cross-examine witnesses regarding an unidentified third party. Following review of the record, we affirm the denial of post-conviction relief.

The defendant, Pierre Jackson, was convicted by a Shelby County jury of two counts of aggravated vehicular homicide, two counts of leaving the scene of an accident, and one count of driving on a revoked license, third offense, and was sentenced by the trial court to an effective sentence of fifty-two years, five months, and twenty-nine days. State v. Pierre Jackson, No. W2006-02127-CCA-R3-CD, 2008 WL 2053652, at *1 (Tenn. Crim. App. May 12, 2008), perm. to appeal denied (Tenn. Dec. 8, 2008). In the first direct appeal, this court affirmed his convictions and the trial court's order of consecutive sentencing, but remanded for resentencing of the aggravated vehicular homicide convictions because the trial court erroneously applied an enhancement factor that was not found by the jury. Id. Upon resentencing, the trial court imposed the same sentence. The defendant now appeals, arguing that his sentence is "neither fair nor consistent" with those received by other defendants with similar records and equal moral culpability whose drunk driving by chance does not result in anyone's death. Following our review, we affirm the sentences imposed by the trial court.