APPELLATE COURT OPINIONS

The defendant, Sherry L. Williams, pleaded guilty to 20 forgery charges and three charges of criminal impersonation, with a recommended effective sentence of seven years. The plea agreement provided that the trial court would determine the manner of service of the sentence. After a sentencing hearing, the trial court denied any form of alternative sentencing and ordered incarceration in the Department of Correction. From this determination, the defendant appeals. Finding no error, we affirm the judgment of the trial court.

The appellant, Alan E. Monday, was convicted by a Knox County Criminal Court jury of reckless homicide in violation of Tennessee Code Annotated section 39-13-215 (1997). He was sentenced as a career offender to twelve years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends (1) that the evidence was insufficient to convict the appellant of reckless homicide; (2) that the trial court erred in failing to require the prosecution to identify the reckless act upon which it relied; and (3) that the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The petitioner, Donald C. McCary, appeals the trial court's denial of his petition for post-conviction relief. In this appeal, he alleges (1) that he was not competent to enter pleas of guilty; (2) that he did not knowingly, voluntarily, and intelligently plead guilty; (3) that the trial court impermissibly participated in plea negotiations; (4) that he did not receive the effective assistance of counsel; and (5) that he is entitled to post-conviction relief because a presentence report was not prepared before the sentencing hearing. The judgment of the trial court is affirmed.

The defendant, John Richenberger, entered a plea of guilt to driving under the influence, fourth offense, a Class E felony. The trial court imposed a Range I jail sentence of one year, requiring a mandatory minimum of 150 days' service. There was a $3,000.00 fine. In this appeal, the defendant argues that the trial court erred by failing to order a sentence in the community corrections program. The judgment is affirmed and the cause remanded for consideration of correction of the length of the sentence.

The petitioner, Benjamin Blackwell, was convicted of second degree murder and, on direct appeal, this court affirmed his conviction. Subsequently, the petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court dismissed the petition and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

The petitioner, Adarryl Devon Brooks, appeals the trial court's denial of his petition for post-conviction relief, which followed his jury convictions for possession of cocaine with intent to sell, criminal impersonation, and failure to appear. On appeal, the petitioner contends his trial counsel was ineffective in failing to adequately investigate his case and in failing to interview prospective witnesses. Upon review of the record and the applicable law, we affirm the judgment of the post-conviction court.

The appellant, Angela Caprice Parchman, was convicted by a jury in the Obion County Circuit Court of the sale of .5 grams or more of crack cocaine, a Class B felony. The trial court sentenced the appellant as a Range II multiple offender to twelve years incarceration in the Tennessee Department of Correction. On appeal, the appellant argues that the evidence was insufficient to support her conviction and that her trial counsel was ineffective. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The defendant, John L. Shelton, pled guilty to driving after having been declared a motor vehicle habitual offender, and was sentenced to one day in jail and a fine of one dollar. The State appealed, arguing that the sentence was illegal. Following our review, we affirm the judgment of the trial court.

Petitioner, Donald G. Brooks, filed a petition for post-conviction relief from his convictions for first degree felony murder, especially aggravated robbery, theft of property over $1,000 and setting fire to personal property. In his petition, Petitioner alleged that he received ineffective assistance of counsel at trial and on appeal. Following an evidentiary hearing, the post-conviction court concluded that Petitioner's appellate counsel had rendered ineffective assistance when he failed to request a transcript of Petitioner's sentencing hearing on appeal. The post-conviction court found that all of the other grounds presented by Petitioner for post-conviction relief were without merit. After a careful review, we affirm in part and reverse in part the judgment of the post-conviction court.

Petitioner, Jeffrey M. English, was charged with three counts of aggravated robbery and one count of aggravated assault. He entered open pleas of guilt to the three counts of aggravated robbery, and the State nolled the aggravated assault count. A sentencing hearing was conducted, and Petitioner received a sixteen year sentence for each of the three counts of aggravated robbery. Petitioner also received an eight year sentence for a probation violation, which Petitioner conceded. The trial court ordered all four sentences to be served consecutively, resulting in a total effective sentence of fifty-six years. Petitioner's sentence was affirmed by this court on direct appeal. State v. Jeffrey English, 2000 Tenn. Crim. App. LEXIS 911, No. M1999-02495-CCA-R3-CD (Tenn. Crim. App. at Nashville, November 22, 2000) perm. to appeal denied April 9, 2001. Petitioner filed a pro se petition for post-conviction relief, in which he alleged that he received the ineffective assistance of counsel. Petitioner was appointed new counsel, and he subsequently filed an amended petition. An evidentiary hearing was conducted, and the trial court denied the petition. We affirm the judgment of the post-conviction court.

A Cocke County jury found the Defendant guilty of theft of property valued over $500 and of burglary of a motor vehicle. The trial court sentenced the Defendant as a Range II offender to three years for each conviction and ordered that the sentences run concurrently to each other but consecutively to prior sentences in Jefferson County. The Defendant now appeals, arguing that insufficient evidence was presented to convict the Defendant of theft and burglary. Finding no error, we affirm the judgments of the trial court.

The defendants, Clarence Carnell Gaston, Miqwon Deon Leach, and Mario Deangalo Thomas, were convicted by an Obion County Circuit Court jury of conspiracy to commit second degree murder, second degree murder, and first degree felony murder. Finding aggravating circumstances (3) and (7) applicable to both Leach and Thomas, and aggravating circumstances (2), (3), and (7) applicable to Gaston, the jury sentenced each defendant to life without the possibility of parole for the first degree murder convictions. The trial court merged the second degree murder convictions into the convictions for felony murder and sentenced the defendants to eight years for the conspiracy convictions, to be served concurrently to their life sentences without possibility of parole. All three defendants challenge the sufficiency of the convicting evidence. Leach and Thomas each raise issues regarding the appropriateness of their life sentences without parole, and Thomas raises two additional issues of whether his trial should have been severed, and whether the verdicts of first degree felony murder and conspiracy to commit second degree murder are impermissibly inconsistent. After a thorough review of the record and of applicable law, we affirm the judgments of conviction and the sentences imposed. However, we remand to the trial court for entry of a corrected judgment form for Gaston's conspiracy conviction to reflect that he was found guilty by a jury.

Defendant, Matthew Melton Jackson, appeals the sentence imposed upon him by the trial court following his guilty plea to aggravated kidnapping, aggravated robbery, theft of property over $500.00 and two counts of aggravated rape. We affirm the judgments of the trial court.

The defendant appeals his convictions of first degree premeditated murder and first degree felony murder. The defendant argues that the State did not present sufficient evidence at trial to support his convictions. We disagree. The defendant also argues the trial court erred in not charging the jury on second degree murder and voluntary manslaughter as lesser-included offenses of felony murder. We agree but conclude the error was harmless and affirm the judgments of the trial court.

The petitioner, Richard Lynn Norton, appeals from the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.

The defendant, Jessie Jones, appeals as of right his conviction by a Shelby County jury of attempted second degree murder, a Class B felony. The trial court sentenced him as a Range II, multiple offender to twenty years in the Department of Correction. The defendant contends (1) that the trial court should have instructed the jury on self-defense and (2) that attempted second degree murder is not an offense in Tennessee. Although we hold that attempted second degree murder is an offense, we reverse the conviction because the failure to instruct on self-defense is plain error. We remand the case to the trial court for a new trial.

The petitioner, Crystal Rena Sturgill, appeals from the Greene County Criminal Court's denying her post-conviction relief from her convictions for three counts of first degree murder, one count of attempted first degree murder, two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of Class D felony theft. Essentially, she contends (1) that her guilty pleas were not knowingly, intelligently, and voluntarily entered, (2) that due process was violated by the mass sentencing procedure, and (3) that she received the ineffective assistance of counsel. We affirm the judgment of the trial court.

The Defendant was indicted for aggravated rape, aggravated robbery, and  theft of property valued over $500. The Defendant pled guilty to facilitation of aggravated rape and to aggravated robbery.  Following a hearing, the trial court sentenced the Defendant to eleven years for facilitation of aggravated rape and to eleven years for aggravated robbery. Pursuant to the plea agreement, the trial court ordered that the two sentences run concurrently. However, the trial court ordered that the sentences run consecutively to prior sentences in Humphreys and Dickson Counties. The Defendant now appeals, arguing that the trial court erred by imposing an excessive sentence. Finding no error, we affirm the judgment of the trial court.

The defendant, Frankie Donald Releford, appeals his effective eight-year sentence of incarceration. The Sullivan County Criminal Court sentenced him to confinement following his guilty pleas to possession of more than .5 grams of cocaine for resale, a Class B felony; possession of a handgun by a convicted felon, a Class E felony; possession of dihydrocodeinone, a Class A misdemeanor; possession of marijuana, a Class A misdemeanor; possession of drug paraphernalia, a Class A misdemeanor; and theft of property valued under $500, a Class A misdemeanor. The defendant contests the manner of service of his sentences, contending that the trial court erroneously denied him probation or an alternative sentence. We affirm the sentences imposed by the trial court.

The defendant, Byron Looper, was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. He timely appealed, presenting as issues: (1) the trial court erred in excluding the testimony of witnesses who would have testified as to his location following the homicide, violating his right to due process; (2) the trial court erred in keeping under seal the psychological records of one of the State's witnesses; and (3) the evidence did not support application of the aggravating factor that the homicide was committed because the victim was a state official. Following our review, we affirm the conviction and the imposition of life without the possibility of parole.

After the defendant, Jeremy Rodriques McPhearson, pled guilty to several unrelated offenses, the trial court ordered an effective sentence of eleven years to be served on supervised probation. When the defendant was arrested and charged with aggravated assault and trespass, the state filed a probation violation warrant. After a hearing, the trial court revoked the defendant's probation and ordered him to serve his original sentence in confinement. The judgment of the trial court is affirmed.

The Defendant pled guilty to possession of cocaine with intent to sell; reckless driving; two counts of driving with a suspended, cancelled, or revoked license; possession of cocaine; aggravated assault; and felony evading arrest. The trial court sentenced him to an effective sentence of twelve years and ordered him to serve his sentence on probation. The Defendant's probation officer subsequently filed a probation violation report, and following a probation revocation hearing, the trial court revoked the Defendant's probation. In this appeal, the Defendant argues that the trial court improperly relied on rebuttal testimony as substantive evidence at the hearing and thus that the court improperly revoked his probation. Finding no error by the trial court, we affirm the trial court's decision to revoke probation in this case.

The defendant, Chad Crabtree, was convicted of three counts of rape of a child, Class A felonies. The trial court imposed concurrent twenty-five-year sentences. In this appeal, the defendant asserts (1) that the trial court erred by denying his access to certain records regarding the victim and the lead investigator; (2) that the evidence was insufficient to support one of his convictions; (3) that the trial court was not impartial; (4) that a witness for the state improperly bolstered the credibility of the victim; and (5) that the sentence was excessive. The judgments of the trial court are affirmed.

The defendant pled guilty to violating a habitual traffic offender order and to a second offense of driving under the influence of an intoxicant. Pursuant to his plea agreement the defendant received a sentence of three years as a multiple offender for violating the habitual traffic offender order and eleven months and twenty-nine days for the second offense of driving under the influence. The trial court ordered these sentences to run concurrently. At the conclusion of a subsequent sentencing hearing, the trial court denied the defendant's request for probation or any other form of alternative sentencing. Through the instant appeal the defendant challenges this denial. After reviewing the facts and relevant caselaw, we find the denial appropriate concerning the violation of the habitual traffic offender judgment and, therefore, affirm the trial court's determination in this regard. We also affirm the denial of alternative sentencing with respect to the defendant's second offense of driving under the influence. However, because of a conflict between the transcript of the sentencing hearing and the judgment, we remand this case for correction of the judgment.