APPELLATE COURT OPINIONS

The petitioner, Mindy Sue Dodd, was convicted by a Rutherford County jury of first degree murder and conspiracy to commit first degree murder in the death of her husband, Sherman Henry Dodd. She received concurrent sentences of life in prison and twenty years. This court affirmed her convictions on direct appeal, and her application for permission to appeal to the Tennessee Supreme Court was denied. State v. Mindy S. Dodd, No. M2002-01882-CCA-R3-CD, 2003 WL 22999444, at *1 (Tenn. Crim. App. Dec. 23, 2003), perm. to appeal denied (Tenn. June 1, 2004). The petitioner sought post-conviction relief alleging, inter alia, denial of her constitutional right to effective assistance of counsel. After a hearing, the post-conviction court found that the petitioner had failed to show that her trial counsel was ineffective and dismissed her petition. Following our review of the record and the findings of the post-conviction court, we affirm the dismissal of the petition.

Following a jury trial, Joseph Hall was convicted of two counts of aggravated sexual battery. Defendant was sentenced to ten years for each count to run concurrently. On appeal, Defendant argues (1) the trial court erred by failing to require that the state provide defense counsel with taped forensic interviews of the victims; (2) the evidence was legally insufficient to convict Defendant of aggravated sexual battery; and (3) the trial court erred by failing to instruct the jury on the lesser included offense of attempted aggravated sexual battery. After a thorough review of the record, we affirm the judgments of the trial court.

The Defendant, Robert Christopher Maclin, was convicted of driving on a revoked license and possession of more than .5 grams of cocaine with intent to deliver. He was sentenced as a Range II, multiple offender to thirteen years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support his cocaine conviction because he was not in possession of cocaine when he was arrested. Following our review, we affirm the judgment of the trial court.

The defendant, Antonio Currie, was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range II, multiple offender to seven years in the county workhouse. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in denying probation. Based on our review, we affirm the judgment of the trial court.

The Appellant, Tony Alan Winsett, appeals the Obion County Circuit Court’s summary dismissal of his “Motion for Delayed Appeal” following the Circuit Court’s March 28, 2006 dismissal of his pro se petition for post-conviction relief, which alleged only that his sentence was illegal. On January 9, 2007, Winsett, proceeding pro se, filed a “Motion for Delayed Appeal” seeking to appeal the March 2006 dismissal of the petition. In his motion, Winsett also asserted new grounds for relief, including ineffective assistance of counsel and a motion to suppress issue. After review, we conclude that this court is without jurisdiction to entertain the appeal. See Tenn. R. App. P. 3(b). Accordingly, the appeal is dismissed.

A Weakley County Circuit Court jury convicted the petitioner, Allen Jean Stephens, of possession of more than one-half gram of cocaine with intent to sell and possession of drug paraphernalia, and the trial court sentenced him as a Range III, persistent offender to an effective sentence of twenty three years in confinement. This court affirmed the petitioner’s convictions. See State v. Allen Jean Stephens, No. M2004-00531-CCA-R3-CD, 2005 Tenn. Crim. App. LEXIS 668 (Jackson, June 23, 2005), perm. to appeal denied, (Tenn. 2005). Subsequently, the petitioner filed a petition for postconviction relief, and the post-conviction court denied the petition after an evidentiary hearing. On appeal, the petitioner contends that he received the ineffective assistance of counsel because his trial attorney failed to argue at his pretrial suppression hearing that no probable cause existed for a search warrant to be issued for his home and failed to argue on direct appeal that the trial court did not make a necessary finding of fact regarding the motion to suppress. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The Petitioner, Christopher Brown, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has failed to allege any ground that would render the judgments of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

The petitioner, Curtis Buford, was convicted in the Shelby County Criminal Court of aggravated robbery, and he received a sentence of twenty years in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his counsel was ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The defendant, Calvin Renard Steel, was convicted by a Lauderdale County jury of possession with the intent to deliver one-half gram or more of cocaine, a Class B felony, and received a sentence of twelve years as a Range II, multiple offender. In this appeal, he contends that the evidence was not sufficient to support his conviction and that the trial court erred in denying his motion to suppress evidence. We conclude that no error exists, and we affirm the judgment of the trial court.

The defendant, Robin M. Chambers, pled guilty to twenty-two counts of forgery, Class E felonies, twenty-three counts of identity theft, Class D felonies, three counts of theft of property under $500, Class A misdemeanors, and one count of criminal impersonation, a Class B misdemeanor. The defendant was sentenced to fourteen years and six months in confinement as a Range I, standard offender. The defendant was denied alternative sentencing by the trial court. On appeal, the defendant argues that the trial court erred in denying her alternative sentencing instead of the imposed term of confinement. Following our review of the full record and the applicable law, we affirm the judgment of the trial court.

A Lauderdale County Circuit Court jury convicted the appellant, Dontae Lamont Brown, of attempted first degree murder and aggravated assault. The trial court sentenced him to thirty-two years and eight years, respectively, and merged the convictions. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by giving the jury a flight instruction, and (3) the trial court improperly enhanced his sentences. Based upon the record and the parties’ briefs, we affirm the jury’s guilty verdicts and the appellant’s thirty-two-year sentence for attempted murder. However, given that the trial court merged the aggravated assault conviction into the attempted murder conviction, the court should have entered only one judgment of conviction. Therefore, we remand the case for the trial court to enter a single judgment reflecting the merger of the convictions.

The defendant, Michael R. King, was indicted by the Dickson County Circuit Court Grand Jury on two counts of driving under the influence of an intoxicant (DUI), second offense. See T.C.A. §§ 55-10-401, -403(a)(1) (2004). He moved to suppress the results of his blood alcohol test. Following the circuit court’s denial of the motion, a plea agreement resulted in a nolle presequi of count one (DUI), a guilty plea to count two (DUI per se, see id. § 55-10-401(a)(2)), and the reservation of a certified question of law: “Whether the trial court erred following a suppression hearing held on July 10, 2006, that the results of the Defendant’s blood alcohol test may be admitted into evidence?” Because the certified question was not properly reserved for review, we  dismiss the appeal.

The Petitioner, Leroine Martin, pled guilty to two counts of second degree murder and one count of aggravated robbery. He filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel prior to and during the guilty plea proceedings. The post-conviction court denied his petition. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.

The appellant, Christopher Perry, was convicted of the first degree murder of Stanley Johnson, and he received a sentence of life imprisonment. In the instant appeal, the appellant challenges the trial court’s denial of his motion to suppress, arguing that the court should have found that his Sixth Amendment right to counsel was violated. Upon reviewing the record and the parties’ briefs, we affirm the judgment of the trial court.

The petitioner, Bobby Marable, appeals the denial of his petition for post-conviction relief. On appeal, he contends that his counsel was ineffective and that his guilty plea was entered unknowingly and involuntarily. After review, we conclude that no error exists, and we affirm the judgment from the post-conviction court.

The Appellant, Matthew Jordan Buentiempo, appeals the order of the Blount County Circuit Court revoking his probation and reinstating his original sentences of confinement. On appeal, Buentiempo alleges that the trial court erred in revoking his probation. After a review of the record, we affirm.

I concur in the results reached in the majority opinion because I, too, conclude that the certified question does not clearly identify the scope and limits of the reserved issue. However, I disagree with the majority opinion’s view of the other reasons it uses to forbid the appeal.

A Hardeman County Circuit Court jury convicted the appellant, Aaron Leon Burnette, Jr., of aggravated assault with a deadly weapon, vandalism of property valued one thousand dollars or more but less than ten thousand dollars, and evading arrest while operating a motor vehicle. The trial court sentenced him as a Range II, multiple offender to ten, eight, and four years, respectively, and ordered that he serve the ten- and four-year sentences consecutively for an effective sentence of fourteen years in confinement. On appeal, the appellant contends that (1) the trial court should have granted his motion to suppress because the police did not have reasonable suspicion to stop his vehicle; (2) the evidence is insufficient to support his convictions; and (3) the trial court improperly enhanced his sentence and ordered consecutive sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

The Defendant, Kristi Dance Oakes, pled guilty to one count of statutory rape. The trial court denied her request for judicial diversion or full probation and sentenced her to eighteen months, of which six months is to be served in the county jail, followed by twelve months of supervised community probation. She appeals that decision. Upon review, we affirm the judgment of the trial court, after modifying the sentence. However, we remand for the correction of a clerical error in the judgment form.

The petitioner, Jermaine Hunter, appeals from the circuit court’s summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the dismissal of the petition.

The pro se Petitioner, Thomas Earl Williams, appeals the habeas corpus court’s order summarily dismissing his petition, arguing that the dismissal was erroneous for several reasons. Principally, he contends that he is entitled to relief because the sentencing statutes under which he was sentenced in 1974 were later found to be unconstitutional. Following our review, we conclude that his sentences are lawful and have not expired, and that his judgments are not void. Consequently, we affirm the habeas corpus court’s order of summary dismissal.

The Appellant, Elmer Harris, appeals his convictions in the Shelby County Criminal Court for aggravated robbery, criminal attempt to commit aggravated robbery, and aggravated assault. The charges stemmed from incidents occurring at two different Memphis convenience stores on July 4 and July 10, 2004. Prior to trial, the State moved that the two separate indictments be consolidated for trial, and the trial court granted the motion for consolidation. On appeal, Harris presents two issues for our review: (1) whether the trial court erred in consolidating the indictments for trial; and (2) whether the evidence presented at trial was sufficient to support his convictions. We affirm Harris’ convictions; however, we conclude that double jeopardy protections require that the convictions for attempted aggravated robbery and aggravated assault be merged. Accordingly, we remand to the trial court for purposes of merger and for entry of corrected judgments of conviction.

Petitioner, Timothy Baxter, pled guilty to a multitude of offenses on December 10, 2001. As a result of this negotiated plea, Petitioner received an effective sentence of twelve years. Petitioner did not file a petition for post-conviction relief until February 25, 2005, which was over two years outside the statute of limitations under T.C.A. § 40-30-102. On May 4, 2005, the post-conviction court dismissed the petition for being outside the statute of limitations. Petitioner did not file a notice of appeal within thirty days as required by Rule 4(a) of the Tennessee Rules of Appellate Procedure. On July 20, 2006, over a year after the post-conviction court filed its order dismissing his petition, Petitioner filed a motion for delayed notice of appeal. Five days later, the post-conviction court denied Petitioner’s request. On August 7, 2006, Petitioner filed a notice of appeal from the postconviction court’s dismissal of his motion for delayed appeal. Following a thorough review of the record, we dismiss Petitioner’s appeal on the grounds that there is no entitlement to a delayed appeal from the post-conviction court’s denial of Petitioner’s petition for post-conviction relief. In addition, it is not in the interest of justice to waive the timely filing of a notice of appeal in Petitioner’s case. Therefore, this appeal is dismissed.

The defendants, Shawn McCobb and Marcus Walker, were convicted of aggravated robbery, a Class B felony, and sentenced as Range I, standard offenders to ten years in the Department of Correction. In their consolidated appeal, they argue that the evidence was insufficient to support their convictions and the trial court erred in imposing ten-year sentences. Defendant Walker additionally asserts that it was error for the trial court to impose a fine over $50 and allow his impeachment with a prior conviction. Following our review, we affirm the convictions and sentences of the trial court but modify the fines imposed to $50 each.

I concur in the result and most of the reasoning in the majority opinion. I write separately because I believe the trial court should have, as it originally ruled, barred use of the defendant’s aggravated robbery conviction for impeachment. The main conduct of aggravated robbery that relates to dishonesty is essentially a theft. In the present case, the state had evidence of two prior theft convictions and two other acts of theft with which to impeach the defendant. To allow use, as well, of an aggravated robbery conviction in this aggravated robbery trial would add little probative value on the issue of the defendant’s credibility compared to the substantial prejudice it would have by involving an offense similar to the offense on trial.