APPELLATE COURT OPINIONS

The Defendant, Ronald W. Jenkins, II, pled guilty to reckless homicide, felony reckless endangerment, and DUI, second offense. The Defendant was thereafter sentenced to two years for the homicide, one year for the reckless endangerment, to be served concurrently, and eleven months, twenty-nine days for the DUI, to be served consecutively. The Defendant's driver's license was also suspended for a period of two years. The Defendant's sentences were suspended after service of 150 days, and he was placed on three years of probation. Within a few months of beginning his probationary period, the Defendant was arrested and convicted of driving on a revoked license. A probation violation warrant was filed, a hearing conducted, and the trial court revoked the Defendant's probation. The Defendant now appeals, complaining that the trial court erred in revoking his probation. We affirm the judgment of the trial court.

The petitioner appeals the denial of his petition for post-conviction relief. He claims ineffective assistance of counsel and that his sentence is excessive. Because this Court previously determined that the petitioner's sentence was not excessive on direct appeal, we dismiss this issue. We conclude that the evidence does not preponderate against the findings of the trial court and affirm the post-conviction court's denial of post-conviction relief.

The defendant, N'Kosi Tuggle, entered a plea of guilt to aggravated robbery. The trial court imposed a Range I sentence of eight years. In this appeal of right, the defendant argues that he should have been classified as an especially mitigated offender. The judgment is affirmed.

Michael Todd Drinnon appeals the dismissal of his second petition for post-conviction relief and attacks his convictions for a variety of reasons, mostly related to the claimed ineffectiveness of his trial counsel. The post-conviction court dismissed the petition as raising issues that had been previously determined and for failure to allege or establish grounds for reopening his previous petition. We affirm.

The petitioner, William G. Barnett, appeals the denial of his petition for post-conviction relief. On appeal, the petitioner contends he received ineffective assistance of counsel when he pled guilty to two drug-related offenses. We affirm the judgment of the post-conviction court.

Tony Alan Garretson, along with Harold Garretson and Tonya Garretson, sought return of numerous guns alleged to have been unlawfully seized by law enforcement when Tony Garretson was arrested for aggravated assault. The trial court found: (1) Harold Garretson and Tonya Garretson failed to establish they were the lawful owners of the guns; and (2) the guns could not be returned to Tony Garretson because he was convicted of aggravated assault and cannot lawfully possess a weapon. On appeal, the state concedes the guns were unlawfully seized and Harold Garretson and Tonya Garretson established proper ownership. We reverse the judgment of the trial court and remand for another hearing.

The defendant, Lynn L. Davis, pled guilty to robbery, a Class C felony, and was sentenced as a Range II, multiple offender to eight years in the Department of Correction. In his appeal, he argues that the trial court erred in failing to apply mitigating factors and in denying alternative sentencing. Following our review, we affirm the judgment of the trial court.

The Defendants, Billy J. Coffelt and Lyle T. Van Ulzen, were each convicted of one count of felony escape, two counts of aggravated assault, and three counts of especially aggravated kidnapping. The trial court subsequently sentenced both Defendants to life imprisonment without the possibility of parole on each of their especially aggravated kidnapping convictions. The Defendants were each sentenced to two years for their escape convictions, and to six years for each of their aggravated assault convictions. In this direct appeal, both Defendants contend that their convictions for aggravated assault and especially aggravated kidnapping violate due process, relying on State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). Both Defendants also allege error with respect to the trial court's admission of the identification of the felonies for which they were serving time when they escaped, and with respect to their sentences on the kidnapping convictions. Individually, Coffelt challenges the sufficiency of the evidence and the admission of proof concerning two weapons. Coffelt also alleges that the prosecutor's closing argument constituted reversible misconduct. We affirm the Defendants' convictions. We reverse the trial court's finding that the Defendants are repeat violent offenders subject to mandatory sentences of life imprisonment without the possibility of parole, and remand this matter for resentencing on the Defendants' convictions of especially aggravated kidnapping.

The defendant was convicted of first degree premeditated murder and sentenced to life imprisonment. In addition to challenging the sufficiency of the evidence, he argues the trial court erred in excluding testimony as to the victim's prior aggressive conduct, as well as his access and familiarity with firearms, and in not instructing as to aggravated assault as a lesser-included offense and that the cumulative effect of these errors warrants a new trial. Following our review, we affirm the judgment of the trial court.