COURT OF CRIMINAL APPEALS OPINIONS

Quintavious Montez Patton v. State of Tennessee
M2023-00207-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Quintavious Montez Patton, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Based on our review, we affirm the judgment of the post-conviction court denying the petition.

Courtney Anderson v. State of Tennessee
W2023-00067-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Paula L. Skahan

This is a State appeal, filed by the State Attorney General and Reporter, from the entry of
an order granting the petitioner’s, Courtney Anderson’s, motion to reopen his postconviction
and amending/reducing his original sentence of 162 years, 11 months, and 29
days to a time served sentence of 25 years. The State appealed, arguing the trial court
lacked jurisdiction to hear the petitioner’s motion as it was barred by the one-year statute
of limitations and the petitioner failed to prove the statute should be tolled. Additionally,
the State submits that the trial court lacked jurisdiction to amend the petitioner’s sentence
under the post-conviction statute and that the trial court’s actions amount to an improper
commutation of the petitioner’s sentence. The petitioner contends that the State waived
any challenge to the statute of limitations by failing to raise the issue below and that his
claim meets the requirements of the statute and allows for the tolling of the statute, and
therefore, the trial court properly granted the relief requested. Upon our thorough review
of the applicable law and the briefs and arguments of both parties, we conclude that the
instant petition is barred by the one-year statute of limitations and that the petitioner failed
to establish and the trial court failed to find a proper basis for tolling the statute.
Accordingly, the trial court lacked jurisdiction to hear the petitioner’s motion and amend
the petitioner’s sentence. Therefore, we reverse the decision of the trial court, reinstate the
petitioner’s original sentence, and remand this matter for further proceedings consistent
with this opinion.

State of Tennessee v. Frederick Peat
W2022-01348-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Carolyn W. Blackett

A Shelby County jury convicted the defendant, Frederick Peat, of aggravated rape, for
which he received a sentence of twenty-five years in confinement. On appeal, the
defendant contends the evidence presented at trial was insufficient to support his
conviction. The defendant also argues the trial court erred in preventing him from
impeaching the victim with evidence of the victim’s prior convictions and in imposing an
excessive sentence. After reviewing the record and considering the applicable law, we
affirm the judgment of the trial court.

State of Tennessee v. Juan De Paz Mondragon
W2023-00068-CCA-R3-Cd
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge James Jones, Jr.

The defendant, Juan De Paz Mondragon, was convicted by a Shelby County Criminal Court
jury of two counts of second-degree murder, attempted second-degree murder, and
employing a firearm during the commission of a dangerous felony, and the trial court
imposed an effective sentence of thirty-eight years’ incarceration. On appeal, the
defendant argues that the evidence is insufficient to support his convictions for seconddegree
murder and attempted second-degree murder, and the trial court abused its
discretion in imposing consecutive sentences. After review, we affirm the judgments of
the trial court. Furthermore, we remand to the trial court entry of corrected judgment forms
in counts one and two reflecting the merger of the defendant’s convictions for seconddegree
murder into a single conviction.

State of Tennessee v. Eric Dewayne Milton
W2023-00341-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Bruce Irwin Griffey

The defendant, Eric Dewayne Milton, appeals from the trial court’s revocation of his
community corrections sentence and order directing the defendant to serve the remainder
of his eight-year sentence in confinement. On appeal, the defendant contends the trial court
abused its discretion by failing to treat the defendant’s violation as a violation of probation
and impose a thirty-day sentence of confinement. After a thorough review of the record,
the applicable law, and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Chauncy Black
W2021-01435-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Glenn Ivy Wright

The defendant, Chauncy Black, was found guilty by a Shelby County jury of reckless
endangerment of Kaleb Wakefield and reckless endangerment with a deadly weapon of
Isabella Edwards for discharging a firearm into an occupied habitation. The trial court
imposed a six-and-a-half-year sentence. On appeal, the defendant contends the evidence
presented at trial was insufficient to support his conviction of reckless endangerment with
a deadly weapon of Isabella Edwards. The defendant also argues the trial court erred in
failing to instruct the jury as to a presumption of reasonableness in the use of deadly force
within his residence. Following our review, we affirm the defendant’s convictions.

State of Tennessee v. Taylor Brent Farley
M2022-01691-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Justin C. Angel

Defendant, Taylor Brent Farley, pleaded guilty to one count of attempted delivery of fentanyl, a Class C felony. Defendant sought judicial diversion, but the trial court denied diversion and imposed a six-year sentence on Community Corrections. On appeal, Defendant contends the trial court erred by denying judicial diversion. We affirm the judgment of the trial court.

Edward Dean v. State of Tennessee
W2022-01513-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Paula L. Skahan

The petitioner, Edward Dean, 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. Will Vaughn
W2022-01795-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge David L. Pool

The defendant, Will Vaughn, appeals his Shelby County Criminal Court jury conviction of
first-degree murder, challenging the sufficiency of the convicting evidence. Discerning no
error, we affirm.

State of Tennessee v. Cedric D. Marshall, alias Edward Depriest
M2022-01579-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steve R. Dozier

The defendant, Cedric D. Marshall, appeals the Davidson County Criminal Court’s order revoking his community corrections sentence and resentencing him to an effective sentence of seven years’ incarceration for his guilty-pleaded convictions of evading arrest, burglary, and theft of property. Because the defendant’s notice of appeal is untimely, we dismiss the appeal.

State of Tennessee v. Lorie Ann Gerbis
M2023-00016-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Jennifer L. Smith

The Defendant, Lorie Ann Gerbis, was convicted following a bench trial of two counts of aggravated assault. On appeal, the Defendant argues that the evidence was insufficient to support her convictions. Specifically, she contends that the State’s evidence was inadequate to establish her identity as the perpetrator beyond a reasonable doubt. After review, we affirm the judgments of the trial court.

Victericka Gilchrease v. State of Tennessee
W2023-00079-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Carolyn Wade Blackett

The Pettioner, Victercika Gilchrease, appeals from the post-conviction court’s denial of
her petition for post-conviction relief from her guilty plea convictions for second degree
murder and two counts of aggravated assault, for which she is serving an agreed, effective
twenty-one-year sentence. On appeal, she contends that the post-conviction court erred in
denying relief on her ineffective assistance of counsel claims. We affirm the judgment of
the post-conviction court.

State of Tennessee v. Mark L. Ward
E2022-00951-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Kyle A. Hixson

The Appellant, Mark L. Ward, was convicted by a Knox County jury of aggravated
kidnapping, attempted aggravated burglary, and two counts of aggravated rape, for which
he received an effective sentence of sixty-eight years in confinement. The sole issue
presented for our review is whether the evidence is sufficient to support the Appellant’s
convictions. Upon our review, we affirm.

Micah Joshua Ford, Alias Joseph Tolbert, III v. State of Tennessee
E2022-01240-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Kyle A. Hixson

Petitioner, Micah Joshua Ford, alias Joseph Tolbert, III, appeals the denial of his postconviction
petition, arguing that the post-conviction court erred in finding that he received
the effective assistance of counsel at trial and on direct appeal. He also argues that he is
entitled to a new trial under the doctrine of cumulative error. Following our review of the
entire record and the briefs of the parties, we affirm the judgment of the post-conviction
court.

State of Tennessee v. Bradley Dwight Bowen
M2022-01289-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Bradley Dwight Bowen, appeals from his jury convictions for possession of one-half gram or more of methamphetamine with intent to manufacture, sell, or deliver; simple possession of cocaine; possession of drug paraphernalia; and possession of a firearm by a convicted felon; for which he received an effective ten-year sentence. On appeal, he challenges the trial court’s denial of (1) his motion to suppress the evidence seized as a result of his detention and (2) his motion to continue requesting additional time to prepare his pro se defense. Following our review, we affirm the judgments of the trial court.

State of Tennessee v. Gregory L. Nelson
M2023-00311-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge David D. Wolfe

The Defendant, Gregory L. Nelson, appeals the trial court’s revocation of his eight-year sentence for unlawful possession of a weapon by a convicted felon. On appeal, he argues that the trial court erred by fully revoking his probation and ordering him to serve the remainder of his sentence in confinement. Following our review, we affirm the judgment of the trial court.

State of Tennessee v. Michael Notaro
E2022-01642-CA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge William K. Rogers

Michael Notaro, Defendant, pled guilty to three counts of sexual exploitation of a minor
with an agreed-upon sentence of 10 years for each conviction, to be served consecutively
for a total effective sentence of 30 years at 100% in exchange for the State agreeing not to
seek further prosecution for any other offenses under investigation. Defendant did not seek
a direct appeal of his sentence. Instead, Defendant filed a motion pursuant to Rule 36.1 of
the Tennessee Rules of Criminal Procedure in which he argued that his sentence was
illegal. The trial court dismissed the motion for failure to state a colorable claim.
Defendant appeals. We affirm the judgment of the trial court.

State of Tennessee v. Christopher Kirk Stack
E2022-01755-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven W. Sword

The Defendant, Christopher Kirk Stack, appeals from the Knox County Criminal Court’s
probation revocation of the six-year sentence he received for his guilty-pleaded conviction
for attempted aggravated sexual battery. On appeal, the Defendant contends that the trial
court abused its discretion by revoking his probation and ordering him to serve the
remainder of his sentence in confinement. We affirm the judgment of the trial court.

State of Tennessee v. Alain Benitez
M2023-00074-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Brody N. Kane

The Defendant, Alain Benitez, appeals the Smith County Criminal Court’s imposition of consecutive sentencing for his two convictions of first degree felony murder. Upon review, we conclude that we must dismiss the appeal for lack of jurisdiction.

Victor Wise v. State of Tennessee
W2022-01109-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey, Jr.

In 2019, a Shelby County jury convicted the Petitioner, Victor Wise, of two counts of
aggravated robbery, one count of attempted aggravated robbery, and two counts of
aggravated assault. The trial court sentenced him to forty-four years of incarceration. The
Petitioner appealed his convictions to this court, and we affirmed the convictions but
concluded that the trial court erred by imposing consecutive sentences. This court modified
the Petitioner’s total effective sentence to twelve years. State v. Wise, No. W2018-01343-
CCA-R3-CD, 2019 WL 4492910, at *1 (Tenn. Crim. App. Sept. 18, 2019), no perm. app.
filed. Subsequently, the Petitioner filed a petition for post-conviction relief, claiming that
he received the ineffective assistance of counsel, which the post-conviction court denied
after a hearing. After review, we affirm the post-conviction court’s judgment.

Kimberly Miller v. State of Tennessee
M2022-00901-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Stella L. Hargrove

Petitioner, Kimberly Miller, appeals as of right from the Maury County Circuit Court’s denial of her petition for post-conviction relief, wherein she challenged her convictions for first degree premeditated murder and first degree felony murder, for which she received a life sentence.  On appeal, Petitioner asserts that she was denied the effective assistance of counsel based upon trial counsel’s failure to permit Petitioner “to make a knowing, intelligent, and voluntary decision on whether to assert—or not assert—the statute of limitations for all lesser[-]included offenses of first degree murder and first degree felony murder” and counsel’s failure to file a motion to dismiss, “along with alternative requests for mandatory or permissive jury instructions, related to the violation of [Petitioner’s] Due Process rights under the federal and state constitutions” based upon a lengthy, pre-indictment delay.  Following a thorough review, we affirm. 

State of Tennessee v. James Tyler Fucci
M2022-01425-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robert Bateman

The defendant, James Tyler Fucci, appeals the denial of his request for judicial diversion of the six-year sentence imposed for his Montgomery County Criminal Court guiltypleaded conviction of aggravated assault. Discerning no reversible error, we affirm. We remand for entry of a judgment on Count 2 reflecting that the charge was dismissed in accordance with the plea agreement.

State of Tennessee v. Christopher A. Williams
E2023-00332-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, Christopher A. Williams, while on parole under a sentence from the Sullivan
County Criminal Court, was convicted in federal court for conspiracy to distribute and
possess with intent to distribute 28 grams or more of cocaine base. The State filed a
detainer based on Defendant's violation of parole. Defendant filed a pro se "Motion to
Terminate Parole as Unsatisfactorily Completed/Alternatively Revoke Parole and Impose
Sentence in Absentia to Run Concurrent with Federal Supervise Release," which the trial
court denied, finding that the Interstate Agreement on Detainers ("IAD") "does not apply
to probation violations." Defendant filed a pro se motion to reconsider, asserting that he
was denied a due process hearing on his parole revocation. The trial court denied the
motion, and Defendant appeals. We dismiss Defendant's appeal for lack of jurisdiction.

State of Tennessee v. Markettus L. Patrick
W2022-01774-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

A Madison County jury convicted the Appellant, Markettus L. Patrick, of aggravated
assault by strangulation or attempted strangulation, a Class C felony, see Tenn. Code Ann.
§ 39-13-102(a)(1)(A)(iv), for which he received a sentence of five years to be served on
supervised probation following service of 150 days in confinement. The sole issue
presented for our review is whether the evidence is sufficient to support the conviction.
Upon our review, we affirm the judgment of the trial court.

State of Tennessee v. Amanda Nicole George
W2023-00124-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Joseph T. Howell

A Madison County jury convicted the Appellant of aggravated assault for which she
received a four-year sentence to be served on supervised probation after service of eleven
months and twenty-nine days at 75% release eligibility. The sole issue presented for our
review is whether the evidence is sufficient to support the serious bodily injury element of
aggravated assault and self-defense. Upon our review, we affirm.