APPELLATE COURT OPINIONS

The petitioner, Terrell Burgess, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his guilty pleas to first degree felony murder, aggravated robbery, and two counts of aggravated assault and his resulting effective sentence of life plus ten years in the Department of Correction (DOC). He contends (1) that he received the ineffective assistance of counsel and (2) that his attorney coerced him into pleading guilty. We affirm the trial court's denial of the petition.

The defendant Olean W. Thompson, pled guilty to theft of property $1,000 or more in value and aggravated robbery. Pursuant to a bench trial, he was found guilty of his four remaining indicted charges, four counts of especially aggravated kidnapping. The trial court then sentenced the defendant to serve two years for his theft conviction, eight years for his robbery conviction, and twenty years for each of his kidnapping convictions. The court then ordered the defendant to serve these sentences concurrently, resulting in a twenty-year aggregate sentence. The defendant now appeals his convictions and sentence, claiming that his due process rights were violated by his four convictions for especially aggravated kidnapping and that the trial court erred by imposing excessive sentences for each of his kidnapping convictions. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm the defendant's convictions and sentence.

The Davidson County Grand Jury indicted the Defendant for one count of first degree felony murder and for one count of second degree murder. A Davidson County jury convicted the Defendant of both offenses. The trial court merged the second degree murder conviction into the felony murder conviction and sentenced the Defendant to life imprisonment. The Defendant now appeals, arguing that insufficient evidence was presented at trial to convict him of first degree felony murder and of second degree murder. Concluding that sufficient evidence was presented to convict the Defendant for felony murder and second degree murder, the judgment of the trial court is affirmed.

The appellant, James Stanley Beckman, Sr., was indicted by the Bedford County Grand Jury on one count of theft over $10,000 in July 2001. After a jury trial, the defendant was convicted as a Range I offender, and sentenced to four years at thirty percent in the Tennessee Department of Correction. On January 4, 2002, the appellant filed a motion for a new trial which was denied on February 22, 2002. In this appeal, the appellant raises the issue of whether the evidence is sufficient for a conviction of theft of property over $10,000. After a review of this record we find that the evidence is sufficient. Accordingly, the judgment of the trial court is affirmed.

The Appellant, Joseph Lance Risner, appeals from the dismissal of his petition for post-conviction relief. Pursuant to a "package deal" plea, Risner, along with five of his co-defendants, pled guilty to three counts of first degree murder, one count of attempted murder, two counts of especially aggravated kidnapping, two counts of kidnapping, and one count of class D felony theft. On appeal, Risner presents the following issues for our review: (1) whether his plea was knowingly and voluntarily entered; (2) whether he was denied the effective assistance of counsel; and (3) whether the indictment, which did not include the aggravating circumstances qualifying him for the death penalty violates Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348 (2000), and is, thus, unconstitutional. Finding no reversible error, we affirm the judgment of the Greene County Criminal Court.

Following the reversal of his first degree felony murder conviction due to insufficient evidence to support the predicate felony, the defendant, upon remand, was convicted by a jury of second degree murder. On this appeal, he raises the following issues: (1) Whether the evidence was sufficient to sustain a conviction for second degree murder; (2) Whether second degree murder is a lesser included offense of first degree felony murder; (3) Whether the trial court erred in allowing the State to recall witness William Alley during its case in chief; (4) Whether the trial court erred in allowing the testimony of TBI Agent Mike Breedlove, in violation of Tenn. R. Crim. P. 404(b), that the defendant threatened to break his neck; and (5) Whether the trial court erred in sentencing the defendant to the maximum twenty-five years. We affirm the defendant's conviction for second degree murder.

The appellant, Dennis R. Jenkins, pled guilty in the Rutherford County Circuit Court to possession of methamphetamine, a Schedule II controlled substance, with intent to deliver. The trial court sentenced the appellant to three years to be served on probation and imposed a two thousand dollar ($2,000) fine. Pursuant to the plea agreement, the appellant reserved the right to appeal as a certified question of law the trial court's denial of his motion to suppress. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The petitioner appeals the denial of his petition for post-conviction relief from his convictions for attempted first degree murder and three counts of aggravated assault, one of which was merged with the attempted murder conviction. He argues that the trial court did not have jurisdiction to try the juvenile petitioner as an adult and that he received ineffective assistance of trial counsel. Based upon our review, we affirm the post-conviction court's denial of the petition.

The defendant, Lawrence E. Truman, appeals as of right his conviction by the Williamson County Circuit Court for driving under the influence of an intoxicant (DUI), a Class A misdemeanor. The trial court sentenced the defendant to eleven months, twenty-nine days, with seven days of the sentence to be served in the county jail and the balance on probation. The defendant, who remained free on bond following his conviction, failed to appear for a subsequent review hearing, and the trial court issued a capias for his arrest. In this appeal, the defendant contends that the evidence is insufficient to support his DUI conviction. We dismiss the appeal because the defendant remains on escape status.

The appellant, Angela E. Isabell, was convicted by a jury in the Lewis County Circuit Court of three counts of the sale or delivery of controlled substances. The trial court imposed a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant contests her convictions for the "sale or delivery" of controlled substances and further complains about statements made during trial by the State and the State's witnesses. The State concedes that there is reversible error. Finding the appellant's argument to have merit, we reverse all three of the appellant's convictions and remand to the trial court for further proceedings.

The Defendants, Irvin Lee Franklin and Jerry Lorenze Sandridge, were each convicted by a jury of two counts of aggravated robbery. In this direct appeal, both Defendants challenge the sufficiency of the evidence. Defendant Franklin further contends that double jeopardy principles require the reversal and dismissal of one of the convictions. We find the evidence sufficient to support the jury's determination that each of these Defendants committed an aggravated robbery. However, because the facts and circumstances of this offense support only one conviction for aggravated robbery as to each Defendant, we modify the other aggravated robbery convictions to aggravated assault and remand for resentencing on that offense. In all other respects, we affirm the judgments of the trial court.

This is an appeal from the trial court’s denial of post-conviction relief. The Defendant, Grover Donnell Cowart, was originally convicted by a jury of attempted first degree premeditated murder and especially aggravated robbery; the jury acquitted the Defendant of additional charges of aggravated rape. On direct appeal, this Court reversed and remanded for retrial the Defendant’s conviction of attempted first degree murder. See State v. Grover Donnell Cowart, No. 03C01-9512-CR-00402, 1999 WL 5174, at *1 (Tenn. Crim. App., Knoxville, Jan. 8, 1999). The Defendant subsequently filed for post-conviction relief with respect to the judgment of especially aggravated robbery, alleging that the State failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). After an evidentiary hearing, the trial court denied relief. We affirm the judgment of the trial court.

The petitioner, Earl Junior Pike, appeals from the post-conviction court's denial of his petition for post-conviction relief, which alleged that his appointed trial counsel was ineffective for not allowing him to testify at trial. Following a hearing, the post-conviction court dismissed the petition, and we affirm.

A Wilson County jury convicted the Petitioner of second degree murder. The trial court sentenced the Petitioner to twenty years in the Department of Correction. On direct appeal, the Petitioner's sole issue was that the twenty year sentence imposed by the trial court was excessive. This Court affirmed the trial court's twenty-year sentence. The Petitioner then filed a petition for post-conviction relief, alleging that he was denied effective assistance of counsel at trial and on appeal. The post-conviction court found that Petitioner failed to present clear and convincing evidence to support his claims and dismissed the petition. The Petitioner now appeals, arguing that the post-conviction court erred in denying post-conviction relief based on ineffective assistance of counsel and flaws in the voir dire. Finding no error, we affirm the judgment of the post-conviction court.

A Davidson County jury found the Petitioner, Leonard E. Baugh, Jr., guilty of one count of especially aggravated robbery, five counts of especially aggravated kidnapping, one count of aggravated burglary, and one count of unlawful possession of a weapon by a felon. The trial court imposed an effective sentence of thirty years. The convictions and sentences were affirmed on direct appeal. See State v. Leonard Edward Baugh, Jr., M2000-00477-CCA-R3-CD, 2001 Tenn. Crim. App. LEXIS 415, (Tenn. Crim. App., Nashville, June 1, 2001). The Petitioner filed a petition for post-conviction relief, alleging ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court dismissed the petition. We affirm the judgment of the post-conviction court.

The petitioner, Billy Wayne Cosby, pled nolo contendere in the Giles County Circuit Court to aggravated assault and received a sentence of eight years incarceration. Subsequently, the petitioner filed for post-conviction relief, which petition was denied. On appeal, the petitioner contests the summary dismissal of his post-conviction petition. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand for the appointment of new counsel and further proceedings in accordance with this opinion.

The defendant, Michael Joseph Cook, was convicted of manufacturing a Schedule II controlled substance and conspiracy to manufacture a Schedule II controlled substance, Class C and D felonies. The trial court merged the conspiracy conviction into the Class C felony and imposed a four-year community based alternative sentence. As a part of the sentence, the defendant was ordered to serve one year in jail. In this appeal of right, the defendant contends that the evidence was insufficient and that his sentence is excessive. The judgment of the trial court is affirmed.

The defendant, Kerry L. Dowell, was convicted by a jury of kidnapping, car jacking, robbery, felony evasion of arrest, and misdemeanor evading arrest, and was sentenced to an effective twenty-four years in the Tennessee Department of Correction. On appeal, the defendant claims that the evidence was insufficient to support his conviction for kidnapping, car jacking, and Class D felony evading arrest; the trial court erred in failing to suppress a statement he made to the police; the trial court erred in failing to give a limiting instruction to the jury regarding the defendant's prior convictions; the trial court failed to properly instruct the jury on lesser-included offenses; and the trial court erred in sentencing the defendant consecutively on one of the counts. The Class D felony evading arrest conviction is reversed. We affirm all other judgments of the trial court.