APPELLATE COURT OPINIONS

The Petitioner, Thaddeus D. Daniel, 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 allege a ground for relief which would render the judgment void, we grant the State's motion and affirm the judgment of the lower court.

The Petitioner, Timothy A. Baxter, 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 allege a ground for relief which would render the judgment void, we grant the State's motion and affirm the judgment of the lower court.

The Defendant, Jon Glen Akins, pled guilty to one count of theft of property valued between
$10,000.00 and $60,000.00, a class C felony. The trial court sentenced the Defendant to three years, ordering that the Defendant serve 90 days in jail, followed by probation. The Defendant appeals, contending that the trial court erred by not granting him full probation. Finding no error, we affirm the judgment of the trial court.

The defendant, Ronald Yates, was convicted of first degree premeditated murder and attempted first degree murder. The trial court imposed consecutive sentences of life and twenty-three years, respectively. In this appeal, the defendant asserts (1) that the evidence is insufficient to support his convictions; (2) that the trial court erred by refusing to grant a mistrial based upon the state's opening statement; (3) that the trial court erred in the admission of certain of the evidence; (4) that the trial court erred by permitting the introduction of a postmortem photograph of the murder victim; (5) that the trial court erred by ordering his trial counsel to alter the form and manner of his questions; (6) that the trial court erred by denying his request for a mistrial based upon the state's violation of a discovery order; (7) that the trial court erred by denying his motion for judgment of acquittal because the state failed to prove venue; (8) that the trial court erred by refusing to grant a mistrial based upon ineffective assistance of counsel; and (9) that the sentence is excessive. The 23 year sentence for attempted first degree murder is modified to 20 years; otherwise, the judgments of the trial court are affirmed.

Indicted for aggravated burglary and the attempted first-degree murder of her estranged husband, Judy C. Turner entered a best-interests plea to assault with intent to commit second-degree murder, a Class B felony. As part of a plea agreement with the state, the aggravated burglary charge was dismissed. The length and manner of service of the defendant's sentence was reserved for the trial court's determination. The trial court denied alternative sentencing and imposed a nine-year incarcerative sentence. On appeal, the defendant argues that she should have received an eight-year sentence making her eligible for probation or split confinement. For the following reasons, we affirm the judgment.

The State appeals from an adverse ruling on a suppression motion. The State contends that the trial court erred in finding the consent to search was not knowing or voluntary and that discovery of the contraband was not inevitable. The State avers that the standard of review should be de novo without presumption of correctness. The judgment of the trial court is affirmed, and the cause is remanded for further proceedings.

Based on his participation in a home invasion and robbery that resulted in the death of a victim, the defendant, Spencer Peterson, was charged by the Shelby County Grand Jury in thirteen separate indictments with one count of first degree premeditated murder; two counts of first degree felony murder; two counts of attempted first degree murder; eight counts of aggravated robbery; one count of aggravated burglary; three counts of attempted especially aggravated robbery; and two counts of attempted aggravated robbery. The indictments were consolidated for trial, at the conclusion of which the defendant was convicted of all counts as charged with the exception of the first degree murder and attempted first degree murder counts, in which he was convicted, respectively, of the lesser-included offenses of second degree murder, a Class A felony; and attempted second degree murder, a Class B felony. After merging the three second degree murder convictions and the separate convictions of aggravated robbery involving the same victim, the trial court sentenced the defendant as a Range I offender to consecutive terms of twenty years for the second degree murder conviction and eight years for each of the four aggravated robbery convictions. The trial court ordered concurrent sentences for the remaining convictions, for an effective sentence of fifty-two years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence for his second degree murder conviction; the denial of his motion to suppress his statement to police; the admission at trial of photographs of the victim; the propriety of the jurors having been allowed to directly question trial witnesses; and the consecutive sentencing imposed. We affirm the judgments of the trial court but remand for entry of corrected judgments as to certain of the offenses and for the trial court to set out its basis for consecutive sentencing.

Petitioner, Raymond Roger Jones, appeals the Washington County Criminal Court's dismissal of his pro se combined motion to reopen his post-conviction petition, petition for writ of error coram nobis, and petition for DNA analysis. Petitioner was convicted by a jury in the Knox County Criminal Court of two counts of first degree murder. He received consecutive life sentences. This Court affirmed Defendant's convictions and sentences on direct appeal. See State v. Jones, 735 S.W.2d 803 (Tenn. Crim. App. 1987). Petitioner filed a petition for post-conviction relief in the Washington County Criminal Court. The trial court dismissed the petition, and this Court affirmed. See Raymond Roger Jones v. State, No. 03C01-9102-CR-00068, 1991 Tenn. Crim. App. LEXIS 584, (Tenn. Crim. App. at Knoxville, July 26, 1991), perm. to app. denied (Tenn. 1992). On June 22, 2001, Petitioner filed a pro se motion to reopen his post-conviction petition, alleging that the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), established a new rule of constitutional law requiring retroactive application to his case. Petitioner subsequently filed a supplemental request for DNA analysis. The trial court dismissed the motion and denied Petitioner's request for DNA Analysis. Petitioner appeals. After reviewing the record, we affirm the judgments of the trial court.

The appellant, Demetrie Owens, was found guilty by a jury on two counts of theft of property valued between $1,000 and $10,000 and one count of possession of contraband in a penal institution. The jury found the appellant not guilty of possession of cocaine with the intent to sell. At the sentencing hearing, the trial court merged the two theft convictions and sentenced the appellant to three years and four months on the theft and four years and eight months on the drug offense. The trial court ordered the sentences to run consecutively. On appeal, the appellant challenges the sufficiency of the evidence, the jury instructions on the charge of possession of contraband in a penal institution, and his sentence. Because the appellant failed to include his challenge to the jury instructions in a motion for new trial, that issue is waived. As to the remaining issues, we determine that the evidence was sufficient to sustain the convictions and that the trial court properly sentenced the appellant.

The petitioner, Frank W. Johnson, pled guilty to second degree murder and was sentenced to thirteen and one-half years incarceration in the Tennessee Department of Correction. Subsequently, he filed a petition for a writ of habeas corpus, alleging that he pled guilty to an illegal sentence. The trial court denied the petition, and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Aggrieved of the summary dismissal of his petition for habeas corpus relief, the petitioner appeals. Based upon Roger L. Hickman v. State, ___ S.W.3d ___, No. E2002-01916-SC-R11-PC (Tenn., Knoxville, Sept. 2, 2004), we affirm.

The defendant appeals from convictions of aggravated assault and evading arrest. He contends that the evidence was insufficient to support the verdicts, and that the sentence of eight years for aggravated assault was excessive. After careful consideration and a thorough review of the record, the convictions and the sentences are affirmed.

The Defendant, Ronald Harrison, was indicted for rape, and he pled guilty to the lesser-included offense of sexual battery. After holding a sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, suspended sentence and probation, and sentenced the Defendant to two years in the county workhouse. The Defendant appeals, contending that the trial court erred when it: (1) denied his application for judicial diversion; and (2) sentenced him to two years. After thoroughly reviewing the record, we conclude that the trial court did not err when it denied the Defendant’s application for judicial diversion. Further, we hold that the trial court improperly enhanced the Defendant’s sentences in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), and we reduce the Defendant’s sentence in accordance with this opinion to the presumptive minimum of one year. We remand the case for the entry of appropriate judgments of conviction.

The defendant appeals, on a certified question of law, the trial court’s failure to suppress evidence resulting from his warrantless arrest and search of his home. Because the defendant has failed to properly reserve a certified question of law for appeal, we dismiss.

The Appellant, Charles R. Turner, was convicted by a Davidson County jury of two counts of identify theft and sentenced to concurrent sentences of three years, with service of one year in confinement. In addition, Turner was ordered to pay restitution. On appeal, Turner raises four issues for our review: (1) whether the trial court erred by failing to suppress an in-court identification by a witness; (2) whether the evidence was sufficient to support his convictions; (3) whether the trial court imposed excessive sentences; and (4) whether the trial court erred in determining the amount of restitution. After review of the record, we conclude that the identification issue is without merit and the evidence is legally sufficient to support the convictions. Accordingly, we affirm the judgments of conviction. However, after review, we conclude that the trial court failed to sentence the Appellant in accordance with the 1989 Sentencing Act and to properly determine the Appellant’s ability to pay the ordered restitution. Accordingly, we remand the case for a proper determination of these sentencing issues.

The appellant, Mario Merritt, was convicted by a jury in the Shelby County Criminal Court of especially aggravated robbery. Following a hearing, the trial court sentenced the appellant to twenty-five years in the Tennessee Department of Correction. The appellant now brings this appeal challenging the sufficiency of the evidence to support his conviction. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The defendant, Jimmy Ray Dockery, appeals the Sullivan County Criminal Court's decision to deny probation on his two-year sentence for attempt to fraudulently obtain a controlled substance. Based on our review of the record, we affirm the judgment.

The appellant, Christopher Kirkendall, was convicted by a jury of aggravated robbery. Following a hearing, the trial court sentenced the appellant to twelve years incarceration in the Tennessee Department of Correction. The appellant now appeals, challenging the sufficiency of the evidence and the sentence imposed by the trial court. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court as modified.

I agree that the evidence is sufficient to support the conviction and that, under the terms of the 1989 Sentencing Act, the trial court erred by applying enhancement factors (10), (11), and (17).  It is my view, however, that the ruling in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 2004), precludes the application of enhancement factor (21) in this case.

The Appellant, Rosendo Reyna, appeals his convictions for multiple felony drug offenses by a Shelby County jury. On appeal, Reyna raises the single issue of whether the evidence is sufficient to support his convictions. After review, we find the evidence sufficient. Accordingly, the judgments of conviction are affirmed. However, because the record reflects that the offenses were not properly merged, we remand for merger and entry of corrected judgments.

Following his guilty plea to two counts of theft, the defendant, Jody Lee Turner, was sentenced in the Cumberland County Criminal Court to an effective four-year term to be served on probation, supervised by a community corrections program agency. A few weeks later, the court revoked the community placement and ordered the defendant to serve his four-year sentence in the Department of Correction. From that order, the defendant appeals. Upon review, we affirm the judgments below.

The defendant, Jason D. Love, appeals the trial court's denial of alternative sentences. The defendant pled guilty to three counts of delivery of less than .5 grams of a Schedule II controlled substance, a Class C felony. Following a hearing, the trial court denied alternative sentencing and ordered the defendant to serve his sentences in confinement. After careful review, we affirm the trial court's denial of alternative sentencing.

The state appeals from the Knox County Criminal Court's order granting Donald W. Streck's motion to receive jail credits toward his Tennessee sentence for time that he spent in federal custody serving federal sentences. Because the lower court did not have jurisdiction to entertain the motion, we reverse.

The defendant, Monty Earl Pickelsimer, entered negotiated pleas of guilt to theft of property having a value of more than $10,000.00 or more but less than $60,000.00 and theft of property having a value of more than $1000.00 more but less than $10,000.00. The plea agreement included concurrent Range I sentences of three years on each offense and certified a question of law for appeal as to whether the defendant was denied a speedy trial under the state and federal constitutions. Because the defendant was denied his right to a speedy trial, the judgment is reversed, the conviction is set aside, and the cause is dismissed.

The defendant, Roger Dale Cates, was convicted of driving under the influence, third offense. The trial court imposed a sentence of eleven months and twenty-nine days with one hundred twenty days to be served in jail and the balance to be served on probation. The defendant's driver's license was revoked for a period of three years. Because the trial court properly instructed the jury as to whether the defendant was in control of the vehicle, the judgment is affirmed.