APPELLATE COURT OPINIONS

The defendant, William R. McLeod, Jr., pled guilty in the Williamson County Circuit Court to two counts of aggravated sexual battery, a Class B felony. Pursuant to the plea agreement, the defendant received an eight-year sentence for each conviction with the issue of concurrent or consecutive sentencing to be decided by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his sentences consecutively for an effective sentence of sixteen years in the Tennessee Department of Correction. The defendant appeals, claiming that the trial court erred in ordering consecutive sentences. We affirm the judgments of the trial court.

On September 14, 1984, the petitioner, Morris Rucker, was convicted of three violent offenses and was sentenced to imprisonment for life plus sixty years in the Tennessee Department of Correction. On June 21, 2001, the petitioner mailed from prison a petition for post-conviction relief alleging four grounds for relief. The post-conviction court dismissed the petition as being time-barred. On appeal, the petitioner contends that the post-conviction court erred in dismissing his petition. Upon reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court.

The Appellant, David D. Bottoms, appeals from the Davidson County Criminal Court's order of restitution following his conviction for arson. On appeal, Bottoms argues the amount of restitution was excessive. Upon de novo review, we find that the victim did not provide sufficient evidence of his pecuniary loss for damages to the rental property. Accordingly, the amount of restitution as imposed by the trial court is modified, and the case is remanded for entry of a sentencing order in accordance with this opinion.

The petitioner, James William Dash, filed a petition for writ of habeas corpus which was denied by the trial court for lack of jurisdiction. In this appeal of right, the petitioner argues that the trial court clerk erroneously filed the petition in the criminal court rather than the circuit court, that his judgment of conviction is void, and that the trial court erred in the assessment of costs. The trial court's order taxing costs to the petitioner is reversed. Otherwise, the judgment of the trial court is affirmed.

The appellant, Joseph Batts, was convicted by a jury of the offense of rape. He was sentenced to a term of twelve (12) years in the Tennessee Department of Correction. In this appeal he contends that the evidence is insufficient to sustain the conviction for rape and that his sentence is excessive. After carefully reviewing the record as presented, we are of the opinion that the evidence is legally sufficient to support the conviction. Moreover, in the absence of a transcript of the sentencing hearing we must presume the sentence is correct. The judgment of the trial court is affirmed.

The Appellant, Kenneth Ray White, appeals from the sentencing decision of the Humphreys County Circuit Court denying his request for probation. In this appeal, White raises the issue of whether the trial court abused its discretion by ordering a sentence of incarceration rather than the less restrictive alternative of community corrections. After review, we find no abuse of discretion. As such, the trial court's decision is affirmed.

The petitioner, Roy C. Smith, Jr., pled guilty to one count of rape of a child and was sentenced to fifteen years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner, acting pro se, filed a petition for a writ of habeas corpus, alleging that his conviction is illegal because he pled guilty to a crime that was not in effect at the time of the commission of the offense.  The trial court dismissed the petition and the petitioner now appeals. Upon review of the record and the parties’  briefs, we affirm the judgment of the trial court.

The defendant was convicted of driving under the influence, third offense; driving on a revoked license; felonious evading arrest; and violating the open container law. The trial court granted a motion for judgment of acquittal as to the felonious evading arrest conviction and imposed the following sentences: eleven months, twenty-nine days, suspended after serving ten months in continuous confinement, for DUI, third offense; four months in the county jail, plus six months' probation, for driving on a revoked license; and thirty days for violating the open container law, with all sentences to be served concurrently. The defendant appealed, arguing that the trial court erred by denying his request to give the jury the missing witness instruction and by improperly sentencing him. We affirm the judgments of the trial court but remand for entry of a corrected judgment as to Count 2 reflecting that the defendant was convicted of third offense DUI.

The defendant was convicted of driving under the influence, third offense; driving on a revoked license; felonious evading arrest; and violating the open container law. The trial court granted a motion for judgment of acquittal as to the felonious evading arrest conviction and imposed the following sentences: eleven months, twenty-nine days, suspended after serving ten months in continuous confinement, for DUI, third offense; four months in the county jail, plus six months' probation, for driving on a revoked license; and thirty days for violating the open container law, with all sentences to be served concurrently. The defendant appealed, arguing that the trial court erred by denying his request to give the jury the missing witness instruction and by improperly sentencing him. We affirm the judgments of the trial court but remand for entry of a corrected judgment as to Count 2 reflecting that the defendant was convicted of third offense DUI.

Defendant pled guilty to burglary, theft under $500, and vandalism under $500 and was sentenced by the trial court to an effective sentence of four years with the requirement that he serve one year "day for day" in the county jail followed by twelve years of supervised probation. On appeal, defendant contends (1) the length of his sentence is excessive; (2) he should have been granted full probation; and (3) the trial court erred in requiring him to serve his time of confinement "day for day." We remand for deletion of the "day for day" requirement because it deprives the defendant of the opportunity to earn statutory sentencing credits; however, we affirm the judgments of the trial court in all other respects.

Defendant pled guilty to burglary, theft under $500, and vandalism under $500 and was sentenced by the trial court to an effective sentence of four years with the requirement that he serve one year "day for day" in the county jail followed by twelve years of supervised probation. On appeal, defendant contends (1) the length of his sentence is excessive; (2) he should have been granted full probation; and (3) the trial court erred in requiring him to serve his time of confinement "day for day." We remand for deletion of the "day for day" requirement because it deprives the defendant of the opportunity to earn statutory sentencing credits; however, we affirm the judgments of the trial court in all other respects.

The petitioner, David Michael Long, appeals the denial of his petition for post-conviction relief. In this appeal of right, the petitioner asserts that his plea was neither knowingly nor voluntarily made and that he was denied the effective assistance of counsel. The judgment of the trial court is affirmed

A Davidson County jury convicted the Defendant of one count of premeditated murder, one count of felony murder during the perpetration of a theft, and one count of misdemeanor theft. The trial
court merged the two murder convictions and sentenced the Defendant to life imprisonment in the Tennessee Department of Correction for the murder conviction. The trial court sentenced the
Defendant to eleven months and twenty-nine days for the theft conviction and ordered that the sentence run concurrent with the murder sentence. The Defendant now appeals, challenging the
sufficiency of the evidence supporting the murder convictions and arguing that the trial court erred in failing to suppress his confession. After review, we affirm the judgments of the trial court.

The Appellant, Johnny McClain, appeals as of right from the judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. On appeal, the Appellant argues that he received ineffective assistance of counsel. After review of the record, we find that the Appellant's brief fails to provide any argument in support of the issue as presented. Due to the Appellant's procedural default, the appeal is dismissed.

The defendant, Ivan E. Cummings, pled guilty in the Montgomery County Circuit Court to aggravated child abuse, aggravated child neglect, and second degree murder, Class A felonies. The trial court merged the aggravated child abuse and neglect convictions and sentenced the defendant as a Range I, standard offender to twenty-four years in the Tennessee Department of Correction. For the second degree murder conviction, the trial court sentenced the defendant to twenty-five years to be served concurrently with the twenty-four-year sentence. The defendant appeals, claiming that the trial court erroneously applied enhancement factors to his convictions. We affirm the judgments of the trial court.

The petitioner, Lee O. Anderson, appeals the Fayette County Circuit Court's denial of his petition for post-conviction relief from his convictions for delivery of one-half gram of cocaine and delivery of less than one-half gram of cocaine. This court affirmed the judgments of conviction. See State v. Lee O. Anderson, No. W2000-00671-CCA-R3-CD, Fayette County (Tenn. Crim. App. Feb. 9, 2001), app. denied (Tenn. June 25, 2001). The petitioner claims that he received the ineffective assistance of counsel because his trial attorney (1) failed to present evidence of the petitioner's treatment for drug addiction in order to support a casual exchange defense and (2) failed to raise an insufficiency of the evidence claim on appeal of his convictions. We affirm the judgment of the trial court.

The defendant, Willie Neal Burton, appeals as of right from the Chester County Circuit Court's revocation of his community corrections sentence. The trial court found that he had violated the terms of his community corrections sentence by conduct unbecoming good citizenship, involving arrests and convictions for subsequent offenses while serving his community corrections sentence. It sentenced the defendant to a six-year sentence as a career offender. The defendant contends that the trial court erroneously revoked his community corrections sentence and that the resulting six-year sentence is excessive. We affirm the trial court's revocation and sentence.

The appellant, Wendy Stevens, pled guilty in the Williamson County Circuit Court to one count of forgery involving a value of more than $500 but less than $1,000, and one count of fraudulent use of a credit card involving a value of more than $500 but less than $1,000, both Class E felonies. The trial court sentenced the appellant to eighteen months incarceration in the Tennessee Department of Correction for each offense, but immediately suspended the sentence in favor of supervised probation. On appeal, the appellant complains that the trial court erred by failing to grant her judicial diversion. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The defendant, Antonio Mitchell, appeals his Shelby County jury conviction of attempted first-degree murder and claims that the evidence is insufficient to sustain the conviction. We disagree and affirm.