APPELLATE COURT OPINIONS

The Defendant, Sonny Dean Farrow, pled guilty in the Jefferson County Circuit Court to aggravated burglary and theft, receiving a sentence of six years on supervised probation. Following the filing of several probation violation warrants and 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 Defendant to serve his sentence. Discerning no error, we affirm the judgment of the trial court.

In Cause C07-176, the Defendant-Appellant, Merl Wayne Medley, was convicted by an Obion County jury of two counts of attempted first degree murder, Class A felonies, and two counts of aggravated assault, Class C felonies. In the same cause, Medley was also found guilty through a bench trial of one count of retaliation for past action, a Class E felony, and one count of violation of an order of protection, a Class A misdemeanor. In Cause C07-177, Medley was convicted by a jury of one count of aggravated assault, a Class C felony, and one count of simple assault, a Class A misdemeanor. In Cause CC-07-CR-233, Medley was convicted by a jury of one count of solicitation to commit first degree murder, a Class B felony. In Cause C07-176, one of the convictions for attempted first degree murder and both of the convictions for aggravated assault were merged into the remaining conviction for attempted first degree murder, for which Medley received a twenty-five-year sentence at 30%. He also received a sentence of two years at 30% for the retaliation for past action conviction and a sentence of eleven months and twenty-nine days for the violation of an order of protection conviction, which were to be served concurrently with the attempted first degree murder conviction. In Cause C07-177, the assault conviction was merged into the aggravated assault conviction, for which Medley received a six-year sentence at 30%. In Cause CC-07-CR-233, Medley received a twelve-year sentence at 30% for the solicitation to commit first degree murder conviction. The trial court ordered that the twenty-five-year sentence for the attempted first degree murder conviction, the twelve-year sentence for the solicitation to commit first degree murder conviction, and the six-year sentence for the aggravated assault conviction be served consecutively for an effective sentence of forty-three years. In this appeal, Medley challenges the trial court’s (1) refusal to suppress his statement, (2) joinder of the offense of solicitation to commit first degree murder to the offenses of attempted first degree murder and aggravated assault; and (3) imposition of consecutive sentences. Upon review, we affirm the judgments of the trial court.

I concur with most of the decisions and reasoning in the majority opinion, including the reversal of the aggravated child abuse conviction for insufficient evidence. I respectfully dissent, however, from the opinion’s affirming the felony murder conviction. I would reverse and vacate the felony murder conviction, as well.

Petitioner Jeremy Hardison filed, by and through counsel, a Petition for Writ of Habeas Corpus, attacking his conviction in Knox County Criminal Court for possession with intent to sell more than 26 grams of cocaine in a school zone. Upon motion of the Respondent, the Circuit Court of Wayne County summarily dismissed the petition. Petitioner has appealed, and following the filing of Petitioner’s brief, the state filed a motion for this Court to affirm by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. Finding merit in the motion, we affirm.

The pro se defendant, Randy White, appeals the trial court’s denial of his Rule 35 motion for a reduction in sentence. Following our review, we affirm the judgment of the trial court.

The Petitioner, Sherman Clark, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. The state has filed a motion requesting that this court affirm the court’s judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. We conclude that the state’s motion is meritorious. Accordingly, we grant the state’s motion and affirm the judgment.

A Hardin County jury convicted Petitioner of several drug-related crimes. Petitioner unsuccessfully appealed these convictions. State v. Oliver Higgins, Jr., No. 5, 1991 WL 153021, (Tenn. Crim. App., at Jackson, Aug. 14, 1991), perm. app. denied, (Tenn. Dec. 30, 1991). These convictions were later used to enhance his sentence in the Federal courts. Petitioner filed a petition for postconviction relief to attack these convictions. The post-conviction court treated the petition as a motion to reopen a prior petition for post-conviction relief and dismissed the petition. On appeal, Petitioner argues that the post-conviction court erred in dismissing his petition. We conclude that the appeal is not properly before this Court because Petitioner is required by statute to file an application for permission to appeal as opposed to a notice of appeal as filed. Therefore, we dismiss this appeal.

The Weakley County Grand Jury indicted Petitioner, Howard Keith Sallee, for one count of fraudulently obtaining a controlled substance. Petitioner pled guilty to the offense as charged. The trial court sentenced Petitioner to ten years as a Range III, persistent offender. Petitioner filed a petition for post-conviction relief in which he alleged that his guilty plea was not entered voluntarily, knowingly, and intelligently because he attempted to commit suicide a few days before entering his guilty plea. He also alleged that his trial counsel was ineffective for failing to order a mental evaluation. The post-conviction court held an evidentiary hearing. Following the hearing, the postconviction court concluded that Petitioner had been unable to prove his assertions. After a thorough review of the record, we conclude that the evidence does not preponderate against the findings of the post-conviction court. Therefore, we affirm the denial of Petitioner’s petition for post-conviction relief.

The appellant, George R. Arnold, pled guilty in the Marshall County Circuit Court to one count of attempting to obtain a controlled substance by forgery, and he received a sentence of three years. On appeal, the appellant challenges the sentence imposed by the trial court. Upon review, we affirm the judgment of the trial court.

In two separate indictments, the defendant, Jeremy Garrett, was charged with aggravated robbery, a Class B felony; first degree felony murder; and especially aggravated robbery, a Class A felony. The trial court subsequently granted the State’s motion to consolidate the two indictments without conducting a hearing, and, following a jury trial, the defendant was convicted as charged. He was subsequently sentenced to concurrent sentences of eight years, life, and fifteen years for the respective convictions. On appeal, the defendant raises two issues for our review: (1) whether the trial court erred in granting the State’s motion to consolidate the two indictments without conducting a hearing; and (2) whether the evidence is sufficient to support the conviction for first degree felony murder. Following review of the record, we conclude that, although the trial court did err in failing to conduct a hearing on the motion to consolidate, the error was harmless. Further, we conclude that the evidence presented was sufficient to support the conviction. Accordingly, the judgments of conviction are affirmed.

The petitioner, Robert Wayne McClanahan, appeals the denial of his petition for habeas corpus relief. He entered guilty pleas to three charges: burglary of an automobile, a Class E felony, and two counts of burglary of a building other than a habitation, both Class D felonies. He was sentenced as a Range I, standard offender to one year for the Class E felony in case number 3691, and to two years in case number 3693 for the Class D felony. He was sentenced as a Range II, multiple offender to six years for the Class D felony in case number 3795. These sentences were to run consecutively for an effective sentence of nine years. The petitioner claims he is on a suspended sentence and is being held improperly. We conclude that the judgments from which he appeals neither are void nor has his sentence expired. The record reveals that the petitioner is entitled to a hearing on whether he violated the provisions of drug court, thereby violating his conditions of probation. The judgment dismissing the petition for habeas corpus relief is affirmed, but we remand to the trial court for a hearing on the petitioner’s violation of probation in case number 3795.

The defendant, Ronnie Cortez Akins, was convicted of first degree felony murder, a Class A felony; criminally negligent homicide, a Class E felony; and especially aggravated robbery, a Class A felony. He was sentenced as a Range I, violent offender to life in the Tennessee Department of Correction for the murder conviction and to twenty years on the robbery conviction, with the sentences to be served concurrently. On appeal, the defendant asserts that the evidence was insufficient to support his convictions and that the trial court erred in denying his motions to suppress a gun found during a protective sweep of his room and his statement to the authorities. After careful review, we affirm the convictions from the trial court.

The appellant entered pleas of nolo contendere to two counts of statutory rape by an authority figure, and he pled guilty to one count of statutory rape by an authority figure. The trial court imposed a sentence of three years for each conviction and ordered that two of the sentences be served consecutively for a total effective sentence of six years. On appeal, the appellant challenges the trial court’s imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court.

The petitioner, John Biaselli, pleaded guilty to one count of possession of a Schedule II controlled substance for resale and one count of possession of a Schedule II controlled substance for delivery, both Class B felonies. The trial court merged the two counts and sentenced the petitioner to eleven years in the Tennessee Department of Correction at thirty percent. The petitioner appealed his sentence to this court, which affirmed the trial court. The petitioner now appeals the judgment of the Bedford County Circuit Court denying post-conviction relief. The petitioner asserts that he

The defendant, Jairo Jesus Canales Garcia, was convicted of first degree (premeditated) murder; first degree (felony) murder, burglary, a Class D felony; attempted especially aggravated robbery, a Class B felony; and theft of property, a Class D felony. He received an effective sentence of life plus twenty years. On appeal, he argues that: the evidence was insufficient to support his convictions; the jury was selected improperly; and the trial court erred in allowing certain testimony. After careful review, we affirm the judgments from the trial court.

A jury convicted the petitioner, Mario Pisani, of seven counts of rape of a child, seven counts of rape, eight counts of sexual battery by an authority figure, seven counts of aggravated sexual battery, and seven counts of incest. The trial court sentenced him to forty-two years in the Tennessee Department of Correction. On direct appeal, this court upheld the convictions. The petitioner now appeals the judgment of the Rutherford County Circuit Court denying post-conviction relief and asserts that he received ineffective assistance of counsel. Specifically, the petitioner argues that trial counsel was ineffective in failing to impeach the victim with a prior inconsistent statement. After review, we affirm the judgment denying post-conviction relief.

A Lauderdale County jury found the petitioner guilty of aggravated rape and aggravated kidnapping. The trial court sentenced the petitioner to an effective thirty-five year sentence in the Tennessee Department of Correction. The petitioner appealed his convictions to this court, which affirmed the convictions and sentence. The petitioner then sought post-conviction relief on the theory that he received ineffective assistance of counsel during the trial, inter alia. The post-conviction court dismissed the petition. The petitioner now appeals. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The petitioner, Keith Collins, pled guilty to possession of more than 0.5 grams of cocaine with the intent to sell, a Class C felony, and aggravated assault, a Class C felony. He was sentenced to concurrent sentences of three years on probation as a Range I, standard offender. His probation was later revoked, and a petition for post-conviction relief followed. On appeal, he argues  counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. After careful review, we affirm the judgment from the post-conviction court.

The post-conviction court dismissed the petition, finding that the petition was time barred and that no due process consideration existed to toll the statute of limitations. After a thorough review of the record and the applicable law, we affirm the post-conviction court’s dismissal of the petition as time barred.

The defendant, Loroy Salter, was found to be in violation of his probationary sentence in the Dyersburg City Court and was sentenced to twenty days in jail and ninety days of community service. The defendant subsequently appealed the decision to the Dyer County Circuit Court, which affirmed the violation and the resulting sentence. On appeal, the defendant contends that the trial court abused its discretion in ordering revocation, based upon the defendant’s failure to pay costs and fines, without conducting a hearing on his ability to pay. Following review of the record, we affirm the judgment of the trial court.

The defendant, G. Mike Holden, was convicted by a Madison County jury of one count of sale of beer to a minor, a Class A misdemeanor. He was subsequently sentenced to a term of eleven months and twenty-nine days, to be suspended following service of one hundred twenty days in the county jail. On appeal, the defendant raises the single issue of sufficiency of the evidence. However, the defendant has failed to include in the appellate record a transcript of the evidence from his trial. The defendant has submitted a statement of the evidence, pursuant to Tennessee Rule of Appellate Procedure 24(c)-(d). However, it was not timely filed pursuant to the rules. Because the issue submitted is not meritorious as a matter of law, we conclude that it is not in the interest of justice to waive the timeliness requirement. As such, the judgment of conviction is affirmed.

A jury convicted the defendant, Lionel E. Sherron, of attempted voluntary manslaughter,  reckless aggravated assault, and reckless endangerment by use of a deadly weapon. The trial court sentenced the defendant as a Range II, multiple offender to an effective nine-year sentence in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient for a jury to find him guilty. After review of the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.

The Petitioner, Raymond Bailey, appeals from the Shelby County Criminal Court’s denial of postconviction relief from his convictions for especially aggravated kidnapping, a Class A felony, and carjacking, a Class B felony. For the especially aggravated kidnapping conviction, he received a sentence of twenty-eight years at one hundred percent. For the carjacking conviction, he received a sentence of twelve years at thirty-five percent. These two sentences were to be served consecutively for an effective sentence of forty years in confinement. In his appeal, the petitioner argues that he received ineffective assistance of counsel because (1) trial counsel failed to challenge his dual convictions as violating due process under State v. Anthony, 817 S.W.2d 299 (Tenn. 1991) and State v. Dixon, 957 S.W.2d 532 (Tenn. 1997); and (2) trial counsel failed to investigate and call William Isom to testify at trial. Upon review, we affirm the judgment of the trial court.

The defendant, Delawrence Williams, was convicted by a Dyer County jury of possession of .5 grams or more of cocaine with the intent to deliver or sell, a Class B felony, and assault, a Class A misdemeanor. He was subsequently sentenced by the trial court to fourteen years for the drug possession offense and eleven months, twenty-nine days for the assault offense, with the sentences to be served concurrently to each other and concurrently to his sentence in a federal case but consecutively to his sentence in another Dyer County case. The sole issue the defendant raises in this appeal is whether the evidence was sufficient to sustain the convictions. Following our review, we affirm the judgments of the trial court.