APPELLATE COURT OPINIONS

The defendant, Robert Franklin Delzell, III, appeals from the judgment of the Stewart County Circuit Court, revoking his community corrections sentence and imposing confinement. Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

In May 2005, the defendant, Arthur Pirtle, was indicted by a Marshall County grand jury on one count of possession of more than .5 gram of a Schedule II Controlled Substance (cocaine), a Class B felony, and one count of Simple Possession, a Class A misdemeanor. In June 2006, a jury trial was held in Marshall County Circuit Court. At the conclusion of the trial, the defendant was convicted of possession of a Schedule II controlled substance but acquitted on the simple possession charge. At the sentencing hearing, the trial court sentenced the defendant to twenty-seven years in prison as a Range III, persistent offender. On appeal, the defendant contends that the evidence was insufficient to support his conviction. After reviewing the record, we conclude that the evidence was sufficient to find the defendant guilty beyond a reasonable doubt and therefore affirm the ruling of the trial court.

Defendant, Marquerite L. Tibbs, was charged with two counts of vehicular homicide, one count of possession of marijuana, and one count of driving on a revoked license. Each count of vehicular homicide involved the same victim, but alleged different theories of guilt. On February 16, 2005, Defendant pled guilty to one count of vehicular homicide and one count of possession of marijuana. In exchange for her plea, Defendant received eight years for the vehicular homicide conviction and eleven months, twenty nine days for the possession conviction, with the manner of service to be determined by the trial court. An order of nolle prosequi was entered as to the remaining counts of vehicular homicide and driving on a revoked license. Following a sentencing hearing, the trial court sentenced Defendant to serve eight years in the Department of Correction for the vehicular homicide conviction and eleven months, twenty-nine days for the possession conviction, to be served concurrently. On appeal, Defendant argues that the trial court erred in denying alternative sentencing. After a thorough review of the record, we reverse the judgment of the trial court and remand the case for resentencing.

Following a jury trial, Defendant, Mack Jones, was convicted of one count of first degree murder and nine counts of attempted first degree murder. Defendant was sentenced to life in prison for the first degree murder conviction and twenty-two years for each of the nine counts of attempted first degree murder, with all sentences to be served concurrently. Defendant filed a motion for new trial which the trial court subsequently denied. In this appeal, Defendant argues that (1) the evidence was insufficient to support Defendant’s convictions for first degree murder and attempted first degree murder, and (2) the trial court erred in admitting evidence of ammunition discovered from Defendant’s residence; admitting testimony that the photo line up contained a “juvenile photo” of Defendant; and excluding testimony that Defendant received a social security disability stipend and had difficulty counting money. After a thorough review of the record, we affirm the judgments of the trial court.

The defendant, Eldridge Hill, was convicted by a Shelby County jury of especially aggravated robbery, a Class A felony, and sentenced by the trial court as a violent offender to sixteen years at 100% in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Specifically, he argues that the State failed to prove beyond a reasonable doubt that his robbery victim suffered a serious bodily injury. Following our review, we affirm the judgment of the trial court.

The defendant, Jasper L. Vick, appeals his sentencing classification as a Range II offender, arguing that the State failed to prove beyond a reasonable doubt that the criminal conduct leading to his South Carolina conviction for aggravated assault of a high and aggravated nature would have constituted a Class C felony in Tennessee. Following our review, we reverse the judgment of the trial court and remand for the defendant to be sentenced as a Range I offender.

The petitioner, Tyrone A. Walker, appeals the denial of his petition for post-conviction relief, arguing that his guilty pleas were unknowing and involuntary and that his trial counsel was ineffective for failing to request an independent psychological examination. Following our review, we affirm the denial of the petition.

The petitioner, Chester Floyd Cole, appeals the denial of his motion to reopen his post-conviction petition, arguing that newly discovered evidence of his rape victim’s medical examination would have altered the outcome of his trial. Following our review, we dismiss the appeal.

The defendant, Anthony Allen, was convicted in 2002 of seven counts of aggravated robbery, eight counts of aggravated rape, and one count of facilitation of aggravated rape which the trial court merged with one of the rape convictions, and received an effective sentence of 124 years. In State v. Anthony Allen, No. W2004-01085-CCA-R3-CD, 2005 WL 1606350, at *1 (Tenn. Crim. App. July 8, 2005), perm. to appeal denied (Tenn. Dec. 19, 2005), this court reversed one of the convictions for aggravated rape, remanding it for a new trial, and affirmed all of the remaining convictions but remanded the matter for a new sentencing hearing to determine whether consecutive sentencing was appropriate. Following the reconsideration by the trial court and the defendant’s being sentenced to an effective sentence of 104 years, the defendant appeals, arguing that the trial court erred in finding that he was a dangerous offender and that his criminal activity was extensive.  Following our review, we affirm the judgment of the trial court.

The Petitioner, George T. Haynie, Jr., appeals the denial of his petition for a writ of habeas corpus. The Petitioner, serving a sentence of nine years for two convictions for passing worthless checks, alleges that his judgments of conviction are void because (1) the affidavit in support of the arrest warrant failed to disclose that the Petitioner had made partial payment towards the debt, (2) the indictment failed to make any reference to written notice, (3) accepting partial payment from the Petitioner constituted an election to pursue the matter civilly, and (4) the State engaged in prosecutorial misconduct. After a review of the record and the applicable law, we affirm the judgment of the habeas corpus court.

The Defendant, Anthony Tyrone Robertson, appeals from the order of the Montgomery County Circuit Court revoking his probation. In July of 2000, the Defendant pled guilty to sexual battery and received a six-year sentence as a Range III, persistent offender. The sentence was suspended following service of one year in the county jail, and the Defendant was placed on probation. On July 16, 2004, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. The warrant was twice amended to include additional violations. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original six-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed.

The Petitioner, Calvin Lewis Hill, was convicted of car jacking, theft of property valued over $1000.00, and forgery, and his convictions were affirmed on direct appeal. He petitioned for post-conviction relief claiming that he had received the ineffective assistance of counsel at trial. The post-conviction court dismissed the post-conviction petition, and we affirm that judgment.

Petitioner, Jeremy Wayne Pittard, was indicted on one count of rape of a child, a Class A felony. Petitioner entered a best interest plea to the offense of attempted rape of a child, a Class B felony, and agreed to a sentence of twelve years as a Range I standard offender. Petitioner argues on appeal that the trial court erred in denying him post-conviction relief. After a thorough review, we affirm the judgment of the post-conviction court.

Wayne County- The Petitioner, Joey Salcido, filed a pro se petition for a writ of habeas corpus. The habeas court denied relief, and the Petitioner filed a timely notice of appeal. On appeal, the Petitioner contends that the habeas corpus court erred because: (1) the trial court lacked jurisdiction to convict him because of a defective indictment; and (2) the delay in the disposition of his post-conviction petition has deprived him of due process of law. Finding no error, we affirm the judgment of the habeas court.

The defendant, William Thomas Heckart, pled guilty in the Sullivan County Criminal Court to reckless endangerment, a Class E felony; two counts of aggravated assault, a Class C felony; misdemeanor violation of the sex offender registry, a Class A misdemeanor; and felony violation of the sex offender registry, a Class E felony, and was sentenced as a Range I offender to an effective six-year sentence in the Department of Correction. On appeal, he argues that the trial court erred in denying his request for probation or other alternative sentencing. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment form in count two of case number S50,856 to reflect that the conviction offense was a Class C felony.

The defendant, Betty R. Chumbley, pled guilty to two counts of theft between $10,000 and $60,000, a Class C felony; three counts of official misconduct, a Class E felony; and one count of destruction of and tampering with governmental records, a Class A misdemeanor. The theft counts were merged and the official misconduct counts were merged. She received an effective five-year sentence on probation. On appeal, the defendant contends that the trial court erred in denying her judicial diversion. We affirm the judgments of the trial court.

The petitioner, Rashad Jamal Chandler, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction for first degree premeditated murder and resulting life sentence. He contends that he received the ineffective assistance of counsel because his trial attorney (1) failed to interview witnesses who would have helped his case and (2) should have argued a different theory of defense. Based upon the record and the parties’  briefs, we affirm the post-conviction court’s denial of the petition for post-conviction relief.

The Appellant, Carri Chandler Lane, appeals the Shelby County Criminal Court’s denial of her motion to modify court-ordered restitution. The State responds that the denial of a request to modify restitution is not appealable under Tenn. R. App. P. 3(b), and, even if appealable, the trial court did not abuse its discretion in denying the motion. While we agree that Rule 3(b) does not provide for an appeal as of right from a trial court’s denial of a motion to modify restitution, we, nonetheless, conclude that the Appellant’s issues are entitled to a review as the appeal may be treated as a writ of certiorari. See T.C.A. § 27-8-101 (2006). After review of the Appellant’s motion on the merits, we conclude that material changes in circumstances have occurred since the order and, further, that it would be unjust to require adherence to the restitution order currently in effect. Accordingly, the trial court’s order denying modification is reversed, and this case is remanded for a hearing to determine, following consideration of the Appellant’s present financial resources and her future ability to pay or perform, the proper amount and method of payment of restitution to be made. See T.C.A. § 40-35-304(d) (2006).

The defendant, Latarsha R. Wheeler, was convicted of theft of property valued at $1,000 or more, but less than $10,000, a Class D felony, for money stolen from her employer, Back Yard Burgers. See T.C.A. § 39-14-105(3). The defendant was sentenced as a Range I offender to three years with forty days of periodic confinement in the workhouse coupled with probation. In this appeal, we consider her claims of error due to insufficient corroboration of accomplice testimony, lack of a jury charge on facilitation, denial of judicial diversion, and error in imposing the amount of restitution. We hold that the trial court did not err and affirm its judgment.
 

I am, respectfully, unable to join in the majority’s reversal of the trial court’s denial of the Appellant’s motion to modify court-ordered restitution. The majority notes, and I completely agree, that there is no proper avenue of appeal to this Court via Tennessee Rule of Appellate Procedure 3(b). However, in my view, this case is not a proper application of the Court’s power to grant a writ of certiorari.

The petitioner, Hollis G. Williams, who is serving a life sentence without possibility of parole for first degree murder, appeals from the Shelby County Criminal Court’s denial of his petition for postconviction relief and motion to reopen his prior post-conviction proceedings. We hold that we are without jurisdiction to consider the petitioner’s appeal from the trial court’s denial of the motion to reopen. We also hold that we have jurisdiction to consider the trial court’s denial of relief on the petitioner’s other post-conviction claims, and we affirm its judgment on those claims.

The defendant, Joshua Glenn Trivette, pled guilty to two counts of auto burglary, theft over $1000, five counts of vandalism over $1000, vandalism over $500, felony evading arrest, driving under the influence, driving on a revoked license stemming from one indictment (Case No. S50,046), and to driving on a revoked license second offense, violation of the seat belt law, and failure to provide proof of financial responsibility from a separate indictment (Case No. S50,045), with the trial court to determine the length and manner of service. After a sentencing hearing, the trial court imposed a sentence of eleven months, twenty-nine days in Case No. S50,045 and an effective six-year sentence in Case No. S50,046, to be served consecutively in the Department of Correction. On appeal, the defendant contends that the trial court erred by misapplying enhancement and mitigating factors, ordering consecutive sentences, and denying an alternative sentence. After careful review, we affirm the judgments of the trial court.

The Defendant, Brandon Mobley, was convicted by a Knox County jury of two counts of first degree murder, especially aggravated robbery, and setting fire to personal property, and the trial court sentenced him to two consecutive life sentences plus twenty-two years. On appeal, he alleges: (1) there is insufficient evidence upon which to convict him on either count of first-degree murder; (2) there is insufficient evidence upon which to convict him of especially aggravated robbery; (3) the trial court erred in initially prohibiting testimony from a defense expert, which caused a violation of his Fifth Amendment rights; and (4) the trial court erred in sentencing him. After reviewing the record and applicable law, we affirm the Defendant’s convictions, but we conclude the Defendant was improperly sentenced. Thus, we modify the Defendant’s sentences for his convictions for especially aggravated robbery and setting fire to personal property from twenty to eighteen years  and from two years to one year, respectively.

The appellant, Caroline White,1 pled guilty to aggravated assault and robbery, and she received a total effective sentence of three years intensive probation. Subsequently, the trial court revoked the appellant’s probation and ordered her to serve her sentence in confinement. On appeal, the appellant challenges the revocation and argues that she should have been given another probationary sentence. Upon our review of the record and the parties’ briefs, we affirm the  judgments of the trial court.

The defendant, Keith D. Williams, entered guilty pleas in the Criminal Court of Davidson County to sale of cocaine in an amount less that .5 grams in case number 2005-C-1660 and to sale of  cocaine in an amount less than .5 grams in case number 2005-C-2147. He was sentenced to six years as a Range II, multiple offender for each count, to be served consecutively, for a total effective sentence of twelve years. The trial court ordered split confinement with the bulk of the defendant’s sentences to be served in the community corrections program. The defendant served a mere eleven days of his community corrections sentence when he was charged with violating the terms of his community corrections sentence. After a full hearing, the trial court found that the defendant had violated the terms of his community corrections sentence, revoked the sentence and resentenced the defendant to a term of eighteen years as a Range II, multiple offender to be served in the custody of the Department of Corrections. The defendant now appeals the revocation and resentencing. Following our review, we affirm the judgments of the trial court.