APPELLATE COURT OPINIONS

The defendant, Fernando Deandra Vaughn, appeals the revocation of his probation, arguing that the trial court erred by not waiting for the disposition of the drug charges against him before revoking his probation on the basis of those charges. Following our review, we affirm the judgment of the trial court.

The defendant was convicted by a Warren County jury of facilitation of first degree felony murder, facilitation of especially aggravated robbery, and criminally negligent homicide, which the trial court merged into the facilitation of felony murder conviction. The defendant was sentenced as a Range I, standard offender to twenty-five years on the facilitation of felony murder conviction and twelve years on the facilitation of especially aggravated robbery conviction, to be served consecutively, for an effective sentence of thirty-seven years in the Department of Correction. On appeal, the defendant raises the following issues: whether the evidence was sufficient to sustain her convictions and whether the court erred by not instructing the jury as to accessory after the fact and in imposing consecutive sentences. Following our review, we affirm the judgments of the trial court but remand for entry of corrected judgments to reflect the correct offense date.

The petitioner appeals the denial of her petition for post-conviction relief from her first degree murder conviction, arguing that the post-conviction court erred in finding that she received the effective assistance of trial counsel. She also contends she was denied the effective assistance of post-conviction counsel. Following our review, we affirm the denial of the post-conviction petition.

The Defendant, Robert Lewis Carpenter, Jr., filed for post-conviction relief from his convictions for first degree murder, especially aggravated kidnapping and especially aggravated robbery. The trial court dismissed the Defendant’s petition as barred by the statute of limitations. This appeal followed. We affirm the judgment of the trial court.

The defendant, Rodney Welch, pled guilty to unlawful possession of .5 grams or more of cocaine with the intent to sell, a Class B felony, and was sentenced to eight (8) years, as a Range I standard offender, with six (6) months to be served in confinement and the balance to be served in the Community Corrections Program. The trial court subsequently revoked the defendant’s community corrections sentence and re-sentenced the defendant to eleven (11) years in the Tennessee Department of Correction.  On appeal, the defendant challenges the trial court’s revocation of his community corrections sentence and re-sentence of eleven (11) years in the Tennessee Department of Correction. Upon review, we affirm the judgment of the trial court.

Following a jury trial, the defendant, Kelsey Darwin Treece, was convicted of one count of delivery of a Schedule II controlled substance (hydromorphone) and was sentenced to serve fifty months as a Range I offender in the Department of Correction. On appeal, the defendant argues that the evidence is insufficient to support his conviction. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The Petitioner, Timothy Tyrone Sanders, was convicted of possession of over 0.5 grams of cocaine with the intent to sell. This Court affirmed his conviction and sentence on direct appeal. The Petitioner filed a petition for post-conviction relief, claiming that he received ineffective assistance of counsel when, during jury selection at trial, his trial counsel failed to object to a racially motivated peremptory challenge by the State. The post-conviction court dismissed the petition, and we affirm the judgment of the post-conviction court.

The Defendant, Kevin M. Radley, appeals from the summary dismissal of his petition seeking post- conviction relief. The trial court determined that the petition was time-barred and dismissed the petition without an evidentiary hearing. We affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals.

The appellant, James Kenneth Carroll, was convicted in the Roane County Criminal Court of driving under the influence (DUI), child endangerment, and a violation of the implied consent law. The trial court imposed consecutive sentences of eleven months and twenty-nine days in the Roane County Jail for the DUI and child endangerment convictions. For his violation of the implied consent law, the appellant's license was suspended for one year. On appeal, the appellant challenges the trial court's actions as thirteenth juror. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court.

The Petitioner, Michael Blackburn, was convicted of first degree premeditated murder, first degree felony murder, and aggravated robbery, and the trial court sentenced him to life plus twenty years. This Court affirmed the convictions and sentences on appeal. The Petitioner subsequently filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that the post-conviction court erred because he was denied the effective assistance of counsel. Finding no reversible error, we affirm the post-conviction court's judgment.

The Defendant, Earl David Crawford, appeals from the trial court's dismissal of his petition seeking 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. The State's motion is granted. The judgment of the trial court is affirmed.

The petitioner, Derrick McClure, appeals from the post-conviction court’s dismissal of his petition for post-conviction relief. He contends that the post-conviction court erred in concluding that his petition was untimely filed without conducting an evidentiary hearing to determine whether due process considerations tolled the statute of limitations. On appeal, we reverse the decision of the post-conviction court and remand the case for an evidentiary hearing consistent with this opinion.

The Petitioner, Cecil Moss, filed a petition for writ of habeas corpus seeking relief from an allegedly void judgment, which the trial court summarily dismissed. On appeal, the Petitioner contends that the habeas corpus court erred by not holding an evidentiary hearing and that it erred when it dismissed his petition. Finding no error in the judgment of the habeas corpus court, we affirm its dismissal of the Petitioner's petition for habeas corpus relief.

Preston Williams pleaded guilty to six crimes, for which he was sentenced as a Range I, standard offender and received an effective eight-year sentence. Aggrieved of the trial court’s refusal to suspend his sentence, the defendant now appeals his sentence. After a thorough review of the record and applicable law, we affirm the decision of the lower court.

On November 19, 1998, the petitioner was convicted by a jury of first degree murder. He was sentenced to life in prison with the possibility of parole. The petitioner appealed to this Court, and we affirmed the judgment of the trial court. State v. Jerry D. Carney, M1999-01139-CCA-R3-CD, 2000 WL 1335770, at *1-2 (Tenn. Crim. App. at Nashville, Sept. 15, 2000) perm. to appeal denied (Tenn. 2001). The petitioner then filed a petition for post-conviction relief. The post-conviction court denied this petition. The petitioner appeals the post-conviction court’s decision. We affirm the decision of the post-conviction court.

The Petitioner, Michael K. Kennedy, 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. It appears from the record before us that the notice of appeal was not timely filed and this Court cannot conclude that justice requires that this Court waive the timely filing requirement. Accordingly, the State’s motion is granted and the above-captioned appeal is dismissed.

A Lauderdale County jury convicted the Defendant, Robert Sanford Barnes, of reckless endangerment, attempted rape, robbery, aggravated burglary, and assault. The trial court sentenced the Defendant, as a career offender, to an effective sentence of forty-five years for the felony convictions, plus consecutive sentences of eleven months and twenty-nine days for each of the two misdemeanor convictions. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain any of his five convictions; (2) the trial court improperly classified the Defendant as a career offender; and (3) the trial court erred when it ordered that the Defendant’s sentences run consecutively. Finding no reversible error, we affirm the judgments of the trial court.

In 1992, the petitioner, William T. Yelton, was found guilty by a jury of theft of property, two counts of coercion of a witness, fabricating evidence and harassment. As a result, he was sentenced to an effective twenty-one-year sentence. After his convictions in Tennessee, the petitioner was sent to Alabama presumably to serve time on a life sentence from which he had previously been paroled in that state. Six years later, the petitioner was returned to prison in Tennessee. In 2001, he filed a pro se petition for habeas corpus relief alleging that he was unlawfully detained on an expired/pardoned sentence. The petitioner filed a second petition in January of 2004. The trial court denied the second petition after an evidentiary hearing. On appeal, the petitioner challenges the trial court's denial of the petition for habeas corpus relief.

The Petitioner, Darvell S. Owens, 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. Because Petitioner has failed to satisfy the procedural requirements of the habeas corpus statutes, we grant the State's motion and affirm the judgment of the lower court.

The defendant, James Gary Turner, was indicted for reckless endangerment, felony evading arrest with risk of death or injury, and driving on a revoked license, fourth offense. The State subsequently dismissed the reckless endangerment charge, and the defendant pled guilty to driving on a revoked license, fourth offense, a Class A misdemeanor, and was convicted by a Bedford County Circuit Court jury of felony evading arrest with risk of death or injury, a Class D felony. At the conclusion of the sentencing hearing, the trial court sentenced the defendant as a Range II, multiple offender to concurrent terms of eight years for the felony evading arrest conviction and one year for the driving on a revoked license conviction, to be served consecutively to his federal sentence for a prior conviction. On appeal, the defendant argues that the evidence is insufficient to sustain his Class D felony evading arrest conviction; the trial court erred in sentencing him to one year for the misdemeanor conviction; and the trial court imposed an excessive sentence for the felony evading arrest conviction. Following our review, we affirm the judgments of the trial court.

The Appellant, Lemar J. White, was convicted by a Shelby County jury of first degree premeditated murder and sentenced to a term of life imprisonment. On appeal, White raises the single issue of sufficiency of the evidence. Specifically, he challenges the proof with regard to the element of premeditation. After review of the record, we find the evidence sufficient to support the verdict and affirm the judgment of conviction.

The Petitioner, Willie Claybrook, 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. The Petitioner has not responded to the State’s motion. It appears from the record before us that the notice of appeal was not timely filed and this Court cannot conclude that justice requires that this Court waive the timely filing requirement. Accordingly, the State’s motion is granted and the above-captioned appeal is dismissed.

The appellants, Jessica Trotter-Lawson and Andrew Sheriff, pled guilty to theft of property over sixty thousand dollars. As a result of the plea agreement, each appellant received an eight-year sentence. Both appellants applied to the trial court for alternative sentencing. After an evidentiary hearing, the trial court denied alternative sentencing and ordered the appellants to serve the entire sentence in incarceration. Both appellants filed timely notices of appeal, challenging the trial court’s denial of alternative sentencing. After a review, we determine that a sentence of split confinement would best serve the interests of the public and the appellants. Accordingly, the judgments of the trial court are reversed and remanded for entry of sentences of split confinement reflecting a period of twelve months of incarceration in the Shelby County Correctional Facility with the remainder of the eight-year sentence to be served on supervised probation.

The defendant was convicted of aggravated robbery, a Class B felony, and sentenced as a Range I, standard offender to eight years in the Tennessee Department of Correction ("TDOC"). On appeal, he asserts the trial court should have given him pretrial jail credit for time served in federal prison on an unrelated federal conviction. Following our review, we affirm the sentence but remand for entry of a corrected judgment.

The Appellant, Darrell Jones, Jr., appeals the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief. Jones was indicted for first degree murder; however, the plea agreement permitted Jones to enter a guilty plea to the reduced charge of second degree murder. As part of the agreement, he accepted a forty-five year sentence as a Range III offender despite only meeting the statutory criteria for a Range I offender. On appeal, Jones raises the issue of whether trial counsel was ineffective for failing to inform Jones of the ramifications of pleading outside his range. Following review of the record, we affirm the dismissal of the petition.