COURT OF CRIMINAL APPEALS OPINIONS

Roger Terrell v. State of Tennessee
W2023-00039-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

Petitioner, Roger Terrell, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Petitioner contends he received the ineffective assistance of counsel at trial. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Joshua Steven Sullivan
E2022-00962-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Defendant, Joshua Steven Sullivan, of two counts of
rape of a child, one count of attempted rape of a child, and one count of aggravated sexual
battery. The trial court imposed a total effective sentence of forty-two years. The
Defendant argues that the trial court committed several evidentiary errors, including by
admitting evidence that (1) the victim made statements to her sister and best friend as
excited utterances; (2) he told officers they needed a warrant to enter the house and that he
was on his way to his attorney’s office; (3) he had prior convictions for purposes of
impeachment; and (4) he removed his GPS monitoring bracelet and left the jurisdiction
while on pretrial release. The Defendant also asserts that the trial court erred in instructing
the jury regarding flight and that the cumulative effect of these errors entitles him to a new
trial. Finally, he asserts that the trial court erred in imposing consecutive sentences. Upon
review, we conclude that harmless errors exist in the admission of the Defendant’s
statements related to his purported exercise of constitutional rights. Otherwise, we
respectfully affirm the judgments of the trial court.

State of Tennessee v. Matthew F. Beasley
M2023-00419-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Matthew F. Beasley, appeals the trial court’s order revoking his probationary sentence for aggravated assault and ordering him to serve the balance of his ten-year sentence in confinement. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

State of Tennessee v. Charles Felix Bell, Jr.
M2023-00534-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steve R. Dozier

Defendant, Charles Felix Bell, Jr., appeals the trial court’s order revoking his probationary sentence for possession of cocaine with intent to sell. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

Kip Dylane Buie v. State of Tennessee
M2022-01232-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Stella L. Hargrove

The Petitioner, Kip Dylane Buie, pled guilty to second degree murder and attempted second degree murder. He received an effective forty-year sentence. Subsequently, he filed a petition for post-conviction relief, alleging that his plea counsel was ineffective during the plea process and that his guilty pleas were not knowingly and voluntarily entered. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed to this Court. On our review, we respectfully affirm the judgment of the post-conviction court.

Jim George Conaser v. State of Tennessee
M2023-00271-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the Petitioner, Jim George Conaser, of aggravated assault, and the trial court sentenced him to serve a term of twelve years as a Range III, persistent offender. Thereafter, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to object to character evidence and hearsay. The post-conviction court denied the petition after a hearing. On our review, we respectfully affirm the judgment of the post-conviction court.

State of Tennessee v. Christopher Layne Spencer
E2022-01276-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Christopher Layne Spencer, was convicted by a Knox County Criminal Court jury of two counts of aggravated sexual battery, a Class B felony, and violating the sexual offender registration act, a Class E felony. See T.C.A. §§ 39-13-504 (2018) (aggravated sexual battery); 40-39-211(k) (2019) (sexual offender registry). The Defendant was sentenced to an effective fourteen years for the convictions. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for violating the sexual offender registry, (2) the trial court erred by admitting text messages as evidence, (3) the trial court erred by denying his request for a mistrial, (4) the trial court erred by limiting his closing argument, (5) the prosecutor engaged in improper closing argument, (6) the trial court erred with its jury instructions, and (7) the cumulative effect of the alleged errors entitles him to relief. We affirm the judgments of the trial court.

State of Tennessee v. Terrell Craft
W2023-00152-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Paula Skahan

The defendant, Terrell Craft, appeals his Shelby County Criminal Court jury convictions
of second degree murder and three counts of aggravated assault, challenging the sufficiency
of the convicting evidence and the trial court’s omission of a jury instruction on the defense
of necessity. Discerning no error, we affirm.

State of Tennessee v. Jeffrey Clay Dale
M2023-00167-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge J. Russell Parkes

The Defendant, Jeffrey Clay Dale, was convicted by a Maury County Circuit Court jury of two counts of driving under the influence, third offense, which the trial court merged. See T.C.A. §§ 55-10-401(1) (2020) (driving under the influence of an intoxicant), -401(2) (driving with a blood- or breath-alcohol concentration of 0.08% or more), 55-10-402 (a)(3)(A) (2020) (subsequently amended) (third offense driving under the influence). The trial court sentenced the Defendant to eleven months, twenty-nine days, with 140 days to be served in jail and the balance on probation. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions and (2) the trial court erred in allowing a law enforcement officer to testify about his observations during field sobriety testing of the Defendant. We affirm the judgment of the trial court.

Tavaris D. Bledsoe v. State of Tennessee
W2023-00361-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chirs Craft

Petitioner, Tavaris D. Bledsoe, appeals the denial of his post-conviction petition, arguing
that the post-conviction court erred in concluding that he received the effective assistance
of counsel. Upon our review, we conclude that Petitioner has failed to prepare a sufficient
brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee
Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal
is dismissed.

Bobby V. Summers v. State of Tennessee
M2023-00103-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Bobby V. Summers, Petitioner, appeals the post-conviction court’s summary dismissal of his petition as time-barred. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

James Moore v. State of Tennessee
W2022-01785-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge James Jones, Jr.

The Petitioner, James Moore, was convicted by a Shelby County jury of attempted first
degree murder and employing a firearm during the commission of a dangerous felony, for
which he received an effective sentence of twenty-six years’ imprisonment. He now
appeals the post-conviction court’s denial of relief, arguing that trial counsel was
ineffective by failing to: (1) subpoena records that might have shown the victim’s
intoxication; and (2) adequately advise the Petitioner about testifying. Alternatively, he
argues that the cumulative effect of trial counsel’s deficiencies entitles him to relief. After
review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Kelvin Montgomery
W2022-01160-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Paula L. Skahan

The Appellant, Kelvin Montgomery, was convicted of especially aggravated kidnapping
and aggravated sexual battery. The trial court imposed an effective sentence of thirtyseven
years’ confinement. On appeal, the Appellant argues that: (1) the evidence is
insufficient to support his convictions; (2) the trial court committed plain error by failing
to provide the jury instruction required under State v. White, 362 S.W.3d 559, 580-81
(Tenn. 2012), in connection with his aggravated rape charge; and (3) the trial court abused
its discretion by imposing the maximum within-range sentences and ordering that they be
served consecutively. Upon our review, we affirm the trial court’s judgments.

State of Tennessee v. Jeremiah Leavy
W2023-00670-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

A Tipton County jury convicted Jeremiah Leavy, Defendant, of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed an effective sentence of life plus fifteen years’ imprisonment. On direct appeal, we affirmed Defendant’s convictions, and the Tennessee Supreme Court denied Defendant’s application for permission to appeal. Defendant then sought post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court dismissed his petition, and we affirmed the post-conviction court’s dismissal. Defendant then moved to correct a clerical mistake that he was not on probation at the time of the offense. The trial court entered an order to correct the record accordingly. At issue here, Defendant subsequently moved under Tennessee Rule of Criminal Procedure 36.1 to correct what he alleged was an illegal sentence, and the trial court denied his motion. On appeal, Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court.

Pedro Ignacio Hernandez v. State of Tennessee
2023-00796-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Monte Watkins

The petitioner, Pedro Ignacio Hernandez, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

State of Tennessee v. Rusty Amos Long
M2023-00427-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Rusty Amos Long, appeals the Robertson County Circuit Court’s order revoking his community corrections sentence for his conviction for burglary other than a habitation and ordering him to serve the remainder of his five-year sentence in confinement. The Defendant contends that the trial court erred by failing to conduct a new sentencing hearing and by failing to consider whether revocation was in the interests of justice. We affirm the judgment of the trial court.

State of Tennessee v. Lanoris Cordell Carter
W2023-00448-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Tony Childress

Defendant, Lanoris Cordell Carter, appeals his Lake County Circuit Court conviction for
tampering with evidence. He argues on appeal that the evidence was insufficient to support
his conviction. Defendant asserts that throwing items out of a car window during an
attempted traffic stop such that law enforcement could not recover the items is “mere
abandonment” rather than concealment or destruction for purposes of the evidence
tampering statute. After review, we affirm the judgment of the trial court.

State of Tennessee v. Percy D. Thompson
M2023-00051-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Mark J. Fishburn

Defendant, Percy D. Thompson, was indicted by a Davidson County Grand Jury for the attempted first degree murder (count one) and aggravated assault (count two) of his wife.  Following a bench trial, Defendant was convicted of the lesser included offense of attempted second degree murder in count one, and aggravated assault as charged in count two.  The trial court sentenced Defendant to twelve years for count one and ten years for count two and merged the aggravated assault conviction into the attempted second degree murder conviction.  Defendant appeals his convictions arguing the trial court failed to find him guilty of aggravated assault at the conclusion of the proof and therefore erred in sentencing him for count two and that the evidence was insufficient to support either of his convictions.  Following our review of the record, including the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Trinces Eugene Hart
W2023-00122-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Following a Henderson County jury trial, Defendant, Trinces Eugene Hart, was convicted of three counts of unlawful possession of a firearm by a convicted felon. He appeals, arguing the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court; however, we remand the case to the trial court for merger of the three counts into a single judgment of conviction for unlawful possession of a firearm by a convicted felon.

State of Tennessee v. Seth Powell
E2022-00347-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

A Knox County Criminal Court jury convicted the defendant, Seth Powell, of possession
with intent to sell, deliver, or manufacture 15 grams or more of heroin within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture fentanyl within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture .5 grams or more of cocaine
within 1,000 feet of a park; three counts of possession of a firearm with the intent to go
armed during the commission of a dangerous felony; three counts of possession of a firearm
with the intent to go armed during the commission of a dangerous felony after having been
previously convicted of a dangerous felony; and evading arrest. The trial court merged
various convictions and imposed an effective 16-year sentence. On appeal, the defendant
contends that the evidence is insufficient to support his convictions, that the trial court erred
in failing to exclude inadmissible hearsay evidence, that his separate convictions for
possession of heroin and fentanyl should be merged because they were contained in the
same mixture, and that his firearm convictions should be merged into one conviction.
Upon review, we affirm the judgments of the trial court but remand to the trial court for
entry of judgments in Counts 8, 10, 14, and 16 through 21, showing that the charges for
those counts were dismissed by the State.

State of Tennessee v. Willie Locust
W2022-01026-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Mark L. Hayes

Defendant, Willie Locust, was convicted after a bench trial in Count 1 of possession of
more than 0.5 grams of cocaine with the intent to sell or deliver, a Class B felony; in Count
2 of possession of more than 0.5 grams of methamphetamine with the intent to sell or
deliver, a Class B felony; in Count 3 of simple possession of Xanax, a Class A
misdemeanor; in Count 8 of unlawful possession of brass knuckles, a Class A
misdemeanor; in Count 9 of possession of a firearm during the commission of a dangerous
felony, a Class D felony; and in Count 10 of possession of a firearm by a convicted violent
felon, a Class B felony. For these convictions, Defendant was sentenced to an effective
twenty-eight years in confinement. On appeal, Defendant argues that (1) the trial court
erred by denying his pretrial motions to suppress the evidence obtained from a search of
his hotel room; (2) the evidence was insufficient to support his convictions; and (3) the trial
court erred by ordering partial consecutive service of his sentences. After a thorough
review of the record, we affirm the judgments of the trial court. However, because the trial
court erroneously merged Counts 9 and 10, we order the trial court to reinstate the judgment
in Count 9 and to impose a sentence on that count. We also remand for correction of a
clerical error in the judgment in Count 3 to show the conviction offense as Tennessee Code
Annotated section 39-17-418 rather than section 39-17-417.

Demarcus Keyon Cole v. State of Tennessee
W2023-00517-CCA-R3-ECN
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Donald H. Allen

The petitioner, Demarcus Keyon Cole, appeals the dismissal of his petition for writ of error
coram nobis, which petition challenged his 2013 Madison County Circuit Court jury
convictions for felony murder and especially aggravated robbery, arguing that he is entitled
to a new trial due to newly discovered evidence. Discerning no error, we affirm.

State of Tennessee v. Robert L. Cody, III
E2022-00947-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Kyle A. Hixson

Defendant, Robert L. Cody, III, was convicted of conspiracy to possess 26 grams or more of cocaine with intent to sell within 1,000 feet of a drug-free zone (count one); possession of a firearm with intent to go armed during the commission of a dangerous felony (count two); possession of a firearm by a convicted felon (count three); and the jury found that Defendant committed a criminal gang offense (count ten) enhancing count one to a Class A felony. The trial court imposed an effective thirty-three year sentence to be served in the Department of Correction. On appeal, Defendant argues: (1) that the trial court erred by denying his motion to dismiss counts two and three for failure to charge an offense, and count ten of the presentment for failure to give proper notice of the gang enhancement; (2) that the trial court erred by failing to declare a mistrial after the State read the presentment to the jury; (3) that the trial court erred by excluding Investigator Jinks from the Rule of Sequestration; (4) that the trial court erred by admitting text messages that were not properly authenticated; (5) that the evidence was insufficient to support Defendant’s drug conspiracy conviction in count one; (6) that the criminal gang enhancement violated double jeopardy and the doctrine of collateral estoppel; (7) that the trial court erred in sentencing Defendant under the prior version of the Drug-Free Zone Act; and (8) that this court should resentence Defendant under the 2022 amendments to the Drug-Free Zone Act. Following our review of the entire record, oral arguments, and the parties’ briefs, we affirm the
judgments of the trial court.

State of Tennessee v. Giorgio Jennings
W2022-01533-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Chris Craft

The Appellant, Giorgio Jennings, was convicted by a Shelby County jury of six counts of
aggravated rape, five counts of aggravated robbery, three counts of aggravated assault,
three counts of facilitation of aggravated assault, three counts of aggravated kidnapping,
aggravated burglary, and employing a firearm during the commission of a dangerous
felony. The trial court sentenced the Appellant to an effective sentence of one hundred and
thirty-two years in confinement. In this appeal, he challenges: (1) the sufficiency of the
evidence supporting his convictions; and (2) the trial court’s imposition of partial
consecutive sentences. After review, we affirm the judgments of the trial court.

State of Tennessee v. Robert J. Whittenburg
E2022-01342-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Thomas W. Graham

A Franklin County jury1 convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the State did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.