APPELLATE COURT OPINIONS

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William Jones vs. State

01C01-9711-CR-00548

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 12/11/98
In Hicks v. State, 945 S.W.2D 706 (Tenn. 1997), The Supreme Court Held That

01-9808-CC-00354
Court of Criminal Appeals 12/11/98
State vs. Keith Smith

01C01-9709-CC-00404

Originating Judge:Jim T. Hamilton
Giles County Court of Criminal Appeals 12/11/98
State vs. Anthony Hodges

01C01-9710-CR-00451
Davidson County Court of Criminal Appeals 12/11/98
Mark Higgins vs State

01C01-9711-CC-00513
Williamson County Court of Criminal Appeals 12/10/98
State vs. William Bucy

02C01-9709-CC-00363

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 12/10/98
State vs. Walter Wilson

02C01-9710-CR-00412
Shelby County Court of Criminal Appeals 12/10/98
State vs. Perez

03C01-9603-CC-00134

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 12/10/98
State vs. Rathal Perkins

02C01-9708-CC-00325
Haywood County Court of Criminal Appeals 12/10/98
01C01-9710-CC-00505

01C01-9710-CC-00505

Originating Judge:Allen W. Wallace
Houston County Court of Criminal Appeals 12/10/98
James Majors vs. State

01C01-9804-CR-00172

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 12/10/98
State vs. Ronnie Graham

02C01-9711-CR-00444
Shelby County Court of Criminal Appeals 12/10/98
State vs. Darryl Bailey

02C01-9506-CR-00176
Shelby County Court of Criminal Appeals 12/10/98
03C01-9601-CC-00029

03C01-9601-CC-00029

Originating Judge:James Curtis Smith
Bledsoe County Court of Criminal Appeals 12/10/98
Ricky Melvin vs State

01C01-9707-CR-00264
Davidson County Court of Criminal Appeals 12/10/98
State vs. Jeremy Amis

01C01-9709-CC-00385
Humphreys County Court of Criminal Appeals 12/10/98
State vs. David Cliff

02C01-9711-CC-00450
Dyer County Court of Criminal Appeals 12/10/98
Cannon vs. State

03C01-9801-CC-00012

Originating Judge:J. Curtis Smith
Bledsoe County Court of Criminal Appeals 12/10/98
State vs. George Washington

02C01-9710-CR-00408
Shelby County Court of Criminal Appeals 12/10/98
State of Tennessee vs. Michael Brent Cook

01C01-9710-CR-00495

The Defendant, Michael Brent Cook, appeals as of right from the revocation of his probation by the Sumner County Criminal Court. He contends that the trial court abused its discretion in revoking his proba tion. We affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 12/09/98
Martin R. Craddock vs. State of Tennessee

01C01-9704-CR-00161

The petitioner, Martin R. Craddock, appeals as of right from the Davidson County Criminal Court’s denial of habeas corpus relief. He is presently in the custody of the Department of Correction serving a Range I sentence of ten years for his conviction of aggravated sexual battery in 1995. He contends that he received ineffective assistance of counsel and that the judgment entered against him is void because the indictment for aggravated sexual battery fails to allege the mens rea for the offense. We affirm the dismissal of the petition.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 12/09/98
State of Tennessee vs. Michael T. Keen

01C01-9710-CR-00454

Michael T. Keen, the Defendant, appeals as of right following his sentencing hearing in the Sum ner County Criminal Court. Defendant was indicted for vehicular homicide and DUI, second offense. In an agreement with the State, Defendant pled guilty to vehicular homicide, a Class B felony, and agreed to an eight (8) year sentence, with the trial court to determine the manner of service of the sente nce. Following his sentencing hearing, the trial court orde red Defendant to serve eight (8) years in the Tennessee Department of Correction. In his appeal, Defendant argues that the trial court erred in refusing to grant an alterna tive sentence. We affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 12/08/98
State of Tennessee vs. Sheryl Pendergrass

01C01-9708-CR-00359

The defendant, Sheryl L. Pendergrass, appeals a certified question of law pursuant to Rule 37(b)(2)(I), Tennessee Rules of Criminal Procedure. In the Sumner County Criminal Court, the defendant pleaded guilty to three drug offenses, subject to reservation of the certified question. In her certified question, the defendant contends that law enforcement officers infringed on her rights to be free of unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution and article 1, section 7 of the Tennessee Constitution. We affirm the judgment of the trial court.

Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 12/08/98
Jimmy Jones, Jr. vs. State of Tennessee

01C01-9804-CR-00162

The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989).

Authoring Judge: Judge L. T. Lafferty
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 12/07/98
State of Tennessee v. Darrell Wentzel

01C01-9705-CC-00193

On December 6, 1996, a W illiamson County jury convicted Appellant, Darrell Wentzel, of two counts of aggravated robbery, one count of aggravated burglary, and one count of aggravated kidnapping. After a sentencing hearing on January 31, 1997, Appellant was sentenced to twelve years for each count of aggravated robbery, twelve years for aggravated kidnapping, and six years for aggravated burglary, with all sentenc es to be served concurrently. On February 18, 1997, Appellant filed a motion for judgment of acquittal or, in the alternative, a motion for a new trial, claiming that the evidence was insufficient for a conviction, that the aggravating kidnapping conviction should be dismissed because it was incidental to the robbery, that several of the trial court’s evidentiary rulings were erroneous, and that the trial court had misapplied enhancement factors to arrive at maximum sentences on all four convictions.  The trial court denied the motion. Appellant challenges both his convictions and his sentence, raising the following issues:

1) whether the trial court comm itted plain error by adm itting the in-court identification of the Appellant by Mary Ethel Veach;

2) whether there was sufficient evidence to corroborate the accomplice testimony of Edward Mitchem;

3) whether Appellant’s convictions for two counts of aggravated robbery constituted dou ble jeopardy;

4) whether the trial court correctly rejected Appellant’s argument that he could not be convicted of aggravated kidnapping because it was only incidental to the robbery;

5) whether the trial court correctly sentenced the Appellant.

After a review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Donald P. Harris
Williamson County Court of Criminal Appeals 12/07/98