APPELLATE COURT OPINIONS

The Appellant, Robbie Gene Powers, challenges his convictions for driving under the influence of an intoxicant (DUI), third offense; driving on a revoked license, third offense; and violation of the implied consent law. The Appellant received an effective sentence of eleven months and twenty-nine days, with six months and five days of incarceration in the county jail. On appeal, the Appellant argues that: (1) the trial court erred in denying his motion to set aside or declare void two prior DUI convictions, which were used for enhancement purposes; (2) the evidence was insufficient to sustain his convictions; and (3) his sentences were excessive. After a review of the record, we affirm the judgment of the Obion County Circuit Court.

The appellants, Tyce Jackson and Larry Simmons, were initially charged with delinquency in a juvenile petition filed in the Juvenile Court for Montgomery County. This petition arose out of two separate car jackings occurring in October of 1997. A hearing was held in the juvenile court upon the State's petition to transfer the appellants to criminal court for trial as adults. Finding that the appellants should be tried as adults, the juvenile court transferred the case to the Montgomery County Criminal Court.

The appellants appealed their transfer by way of a petition for the writ of certiorari filed in the criminal court. The criminal court denied the writ. The appellants were indicted on two counts of especially aggravated kidnapping, two counts of carjacking, two counts of aggravated robbery, two counts of illegal weapon possession and one count of aggravated assault. Both appellants ultimately entered guilty pleas in criminal court to one count of aggravated kidnapping and one count of aggravated assault. They each received concurrent sentences of ten and six years respectively. As part of the plea agreement the appellants reserved a certified question of law concerning the standard used by the juvenile court in transferring the appellants for trial as adults. The appellants claim that because proof at the transfer hearing showed them to be "voluntarily committable" to an institution for the developmentally disabled or mentally ill they were not subject to transfer for trial as adults. In addition, Appellant Simmons alleges that the evidence at the transfer hearing failed to adequately identify him as a perpetrator of the offenses.

We find that while Tennessee Code Annotated section 37-1-134(a)(4)(B) prohibits the transfer to criminal court of juveniles who are "involuntarily committable" to a mental health facility, no such prohibition exists with respect to juveniles whose mental disorders might make them subject to voluntary admission to a mental health facility. In addition, we find that Appellant Simmons has failed to present this Court with a record sufficient to permit review of the issue concerning his identity as a perpetrator of the offenses at issue in this appeal. The judgments, conviction and sentences are therefore affirmed.

The defendant, Ted Ray Brannan, was found guilty by a Franklin County jury of aggravated burglary and theft of property. Accordingly, the trial court sentenced him to an effective sentence of twelve years, ten years as a Range III persistent offender for his aggravated burglary conviction to be served concurrently with his twelve year sentence as a career offender for his theft of property conviction. The defendant appealed his conviction to this Court, and we dismissed the appeal, finding that the appeal was not properly before this Court because the defendant had failed to file a timely motion for new trial or a timely notice of appeal. See State v. Ted Ray Brannan, No. 01C01-9704-CC-00148, 1998 WL 242453, at *1 (Tenn. Crim. App. at Nashville, May 15, 1998). The defendant then sought post-conviction relief, and the post-conviction court found that the defendant was deprived of a direct appeal because his counsel was ineffective in failing to file a motion for new trial or a notice of appeal. Accordingly, the post-conviction court granted the defendant a delayed appeal. However, the court found that the defendant's other allegations of error were meritless. The defendant is now before this Court on a delayed appeal challenging the post-conviction court's finding that his other post-conviction issues lacked merit. Although we find that the lower court should have dismissed the post-conviction petition when granting him a delayed appeal, in the interest of judicial economy, we will address the issues pertaining to the post-conviction petition as well as those in his direct appeal. Having found that all the issues in this appeal lack merit, the judgment of the circuit court is affirmed.

The state brings this interlocutory appeal in which it challenges the order of the Rutherford County Circuit Court authorizing the admission into evidence of certain testimony relating to the prior sexual behavior of the alleged rape victim. We affirm in part, reverse in part, and remand for further proceedings.

Defendant appeals the trial court's denial of defendant's request to withdraw his guilty plea and motion for a new trial. On appeal, defendant has two assertions: (1) he received ineffective assistance of counsel and (2) the State committed a Brady violation. Concluding that defendant received effective assistance of counsel and did not demonstrate a Brady violation, we affirm the trial court's judgment.