Johnny Lorenzo Wade v. State of Tennessee
After being convicted of first degree murder, felony murder, especially aggravated robbery, attempted first degree murder, and aggravated assault, Johnny Lorenzo Wade, Petitioner, was sentenced to an effective sentence of life plus 40 years. State v. Johnny Lorenzo Wade, No. W2017-00933-CCA-R3-CD, 2018 WL 3414471, at *1 (Tenn. Crim. App. Apr. 3, 2018), perm. app. denied (Tenn. Nov. 15, 2018). Petitioner’s convictions and sentences were affirmed on direct appeal, and Petitioner subsequently sought post-conviction relief. He now appeals from the dismissal of his petition for post-conviction relief in which he alleged ineffective assistance of counsel, among other issues. Because Petitioner filed an untimely notice of appeal and the interests of justice do not merit waiver of the timely filing of the notice of appeal, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dominique Jamal Nichols
The Defendant-Appellant, Dominique Jamal Nichols, was convicted by a Tipton County Circuit Court jury of two counts of possession of a firearm by a convicted felon, one count of evading arrest, and two counts of driving on a suspended license. See Tenn. Code Ann. §§ 39-17-1307(b)(1)(A) (possession of a firearm by a convicted felon); 39-16-603 (evading arrest); 55-50-504 (driving on a suspended license). The trial court imposed concurrent sentences of 12 years for each of the firearm convictions, 11 months and 29 days for the evading arrest conviction, and 6 months for each driving on a suspended license conviction, for a total effective sentence of 12 years to be served in the Tennessee Department of Correction. On appeal, the Defendant contends that (1) the trial court erred in denying his motion to suppress “the stop and subsequent seizure of [the Defendant]’s vehicle[,]” and (2) the evidence was insufficient to support his convictions of possession of a firearm by a convicted felon. Following our review, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Ebony Robinson
Defendant, Ebony Robinson, pled guilty to vehicular homicide by intoxication, aggravated assault, resisting arrest, and driving without a license. The trial court imposed an effective ten-year sentence to be served on probation with periodic confinement each year near Christmas and each victim’s birthday. On appeal, the State argues that the trial court erred by granting probation because Defendant was not statutorily eligible. Following our review of the entire record, oral arguments, and briefs of the parties, we reverse the trial court’s imposition of probation and remand for execution of Defendant’s sentence and entry of amended judgments of conviction. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randall Lee Pruitt
The Defendant, Randall Lee Pruitt, pleaded guilty in the Monroe County Criminal Court to three counts of rape, a Class A felony. See T.C.A. § 39-13-503 (2018). After a sentencing hearing, the trial court imposed nine and one-half years for each conviction and ordered consecutive service, for an effective twenty-eight-and-one-half-year sentence. On appeal, he contends that the court erred by ordering consecutive service. We affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Billy Wayne Locke
The Defendant, Billy Wayne Locke, was convicted in two McMinn County Criminal Court bench trials of two counts of evading arrest while operating a motor vehicle, a Class E felony; driving while his license was revoked, a Class B misdemeanor; and reckless endangerment, a Class A misdemeanor. T.C.A. §§ 39-16-603(b) (2018) (subsequently amended) (evading arrest); 55-50-504 (2020) (driving while license revoked), 39-13-103 (2018) (subsequently amended) (reckless endangerment). The Defendant, a career offender, is serving an effective twelve-year sentence, consisting of six years in the Department of Correction and six years on probation. On appeal, the Defendant contends that the evidence is insufficient to support his evading arrest convictions. Because the Defendant waived his right to an appeal of his convictions, we dismiss the appeal. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. David Allen Donton, Jr.
Defendant, David Allen Donton, Jr., was indicted by the Knox County Grand Jury for one count of observation without consent, involving an eight-year-old female victim. Defendant pleaded guilty as charged and agreed to serve one year as a Range I offender with the manner of service to be determined by the trial court after a sentencing hearing. Following a hearing, the trial court denied Defendant’s request for probation and imposed a sentence of confinement. Defendant filed an untimely notice of appeal, and this Court granted his motion to waive the timely filing. Defendant contends that the trial court departed from the principles and purposes of sentencing in several ways. After review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jason Albert Hayes
Jason Albert Hayes, Defendant, was charged with aggravated assault, resisting arrest, and assault. He pled guilty in exchange for an effective sentence of three years. After the denial of judicial diversion, Defendant appeals. Because the trial court did not abuse its discretion, we affirm the denial of judicial diversion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Dustin Russell
The defendant, Dustin Russell, appeals the trial court’s imposition of a fully incarcerative sentence for his guilty-pleaded convictions of aggravated assault and reckless endangerment. Discerning no error, we affirm. |
Rhea | Court of Criminal Appeals | |
Patrick Lamar Moore v. Mike Parris, Warden
The pro se Petitioner, Patrick Lamar Moore, appeals the summary denial of his petition for writ of habeas corpus. Discerning no error, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Conner Lewis Bell
Defendant, Conner Lewis Bell, was indicted by the Hamilton County Grand Jury for one count of attempted first degree murder, one count of aggravated assault, and one count of aggravated robbery. Defendant pleaded guilty to the lesser-included offense of reckless aggravated assault, and the remaining counts were dismissed. Pursuant to the plea agreement, Defendant received a sentence of three years as a Range I offender to be suspended on probation. Defendant requested judicial diversion, which the trial court denied following a hearing. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the trial court’s denial of diversion. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Timothy M. Dawson
The Defendant-Appellant, Timothy M. Dawson, was convicted by a McMinn County Criminal Court jury of theft of property of more than $2,500 but less than $10,000, a Class D felony. See Tenn. Code Ann. §§ 39-14-103; 39-14-105(a)(3). During a consolidated sentencing hearing on the Defendant’s convictions from three separate trials, the trial court sentenced the Defendant as a career offender to 12 years’ incarceration, to be served consecutively to the sentences from his other two convictions. On appeal, the Defendant contends that 1) the evidence was insufficient to establish the value of the stolen property; and 2) the trial court erred in denying the Defendant’s motion of acquittal, or in the alternative, erred in denying his motion for new trial. After careful review, we affirm the judgment of the trial court. |
McMinn | Court of Criminal Appeals | |
Daryl J. Carter v. State of Tennessee
Daryl J. Carter, Petitioner, appeals the denial of his petition for post-conviction relief, alleging ineffective assistance of trial counsel. After thorough review, we affirm the judgment of the post-conviction court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Devondre DeQuan Samuel
Defendant, Devondre DeQuan Samel, was convicted by a jury of conspiracy to possess 150 grams or more of heroin with intent to sell or deliver within 1,000 feet of a school, a park, and a recreational center (Counts 1-3), conspiracy to sell 150 grams or more of heroin within 1,000 feet of a school, a park, and a recreational center (Counts 5-7), two counts of possession of drug paraphernalia (Counts 14 and 17), possession with intent to sell or deliver less than fifteen grams of heroin within 1,000 feet of a park (Count 15), and manufacture of less than fifteen grams of heroin within 1,000 feet of a park (Count 16). The trial court imposed an effective fifteen-year sentence, as a Range I standard offender, to be served in the Department of Correction. On appeal, Defendant argues: that the trial court erred by denying his motion for judgment of acquittal; that the trial court erred by denying his pre-trial motion for a continuance; that the trial court improperly limited his cross-examination of Mr. Berry; that his sentence under the Drug-Free School Zone Act constitutes cruel and unusual punishment; and that the trial court erred by denying his motion for a new trial based upon prosecutorial vindictiveness. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tony Latrell Greer
The Defendant-Appellant, Tony Latrell Greer, pleaded guilty to second degree murder, attempted aggravated robbery, and conspiracy to commit aggravated robbery. The trial court sentenced the Defendant as a Range II, multiple offender to concurrent sentences of thirty-three years, ten years, and ten years, respectively. On appeal, the Defendant challenges the length of the sentences imposed by the trial court. After review, we remand the case for entry of corrected judgment forms as specified in this opinion. In all other respects, the judgments of the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Rikealyn L. Fain
The Defendant, Rikealyn L. Fain, was convicted by a Knox County Criminal Court jury of attempted second degree murder, a Class B felony, and employing a firearm during the commission of a dangerous felony, a Class C felony, for which he is serving an effective sixteen-year sentence. See T.C.A. §§ 39-13-210 (2018) (second degree murder), 39-12- 101 (2018) (criminal attempt), 39-17-1324(b)(1) (employing a firearm during the commission of a dangerous felony) (Supp. 2020) (subsequently amended). On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tyrone De Angelo Shaw
The Defendant, Tyrone De Angelo Shaw, appeals from his guilty plea conviction for aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (Supp. 2019) (subsequently amended). The trial court ordered the Defendant to serve the agreed-upon ten-year, Range II sentence. On appeal, the Defendant contends that the court erred in denying alternative sentencing and in denying his motion for reduction of sentence pursuant to Tennessee Rule of Criminal Procedure 35. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Dan E. Durell v. State of Tennessee
The Petitioner, Dan E. Durell, acting pro se, appeals the Knox County Criminal Court’s summary dismissal of his second petition for habeas corpus relief. We affirm. |
Knox | Court of Criminal Appeals | |
Shawn L. Payne v. State of Tennessee
Pursuant to a plea agreement, the Petitioner, Shawn L. Payne, pled guilty to second degree murder, and the trial court sentenced him to 25 years’ incarceration. See Tenn. Code Ann. § 39-13-210(a)(1). The Petitioner subsequently filed a petition for post-conviction relief, alleging ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition. On appeal, the Petitioner argues that he received ineffective assistance of counsel, rendering him unable to make a “knowing and informed” guilty plea. Specifically, he asserts that trial counsel was ineffective in failing to investigate the case adequately, failing to provide discovery to the Petitioner, and failing to apprise the Petitioner of all the consequences of his guilty plea. After careful review, we affirm the judgment of the postconviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jovan Crawford
Following a bench trial, the defendant, Jovan Crawford, was convicted of aggravated assault, and the trial court imposed a sentence of eight years’ incarceration to be served consecutively to the defendant’s prior sentences in Shelby County Case Nos. 1308038 and 1501666. On appeal, the defendant contends that his sentence is excessive and that the trial court erred in imposing consecutive sentences. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
Robert Beham v. State of Tennessee
Petitioner, Robert Beham, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for rape of a child and aggravated sexual battery. On appeal, Petitioner asserts that he received ineffective assistance of trial counsel because (1) counsel failed to request a “mental evaluation” and (2) counsel failed to present mitigating evidence in sentencing, specifically a psychosexual evaluation. Following our review, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Lawson
The Defendant, Charles Lawson, entered guilty pleas to unlawful possession of a weapon, evading arrest, attempted child abuse or neglect, felony escape, evading arrest in a motor vehicle, and theft of property valued $10,000 or more, and he received an effective ten-year sentence, which he was to serve on probation. The Defendant was charged with new criminal offenses, and he entered into an agreement with the prosecution resolving both the new charges and the violation of probation. The trial court rejected the plea agreement. After a hearing, the court determined that the Defendant violated probation and ordered the sentences in the probation violation case to be served in confinement. The Defendant appeals, asserting that the trial court erroneously believed that the prosecution had no authority to make a plea offer for a violation of probation, that his due process rights were violated because the court relied on evidence outside the proceedings and interjected itself into the plea process, and that the sentences imposed were illegal. We conclude that the Defendant’s claims regarding the rejection of the plea agreement by the trial court are waived, that his due process rights were not violated during the hearing addressing revocation, and that the judgments, which reflect a thirty-five percent release eligibility date, are not rendered illegal by any error in the mittimus. Accordingly, we affirm the trial court’s judgments. |
Greene | Court of Criminal Appeals | |
Jamie Brock v. State of Tennessee
The pro se petitioner, Jamie Brock, appeals from the dismissal of his petition filed pursuant to the Post-Conviction DNA Analysis Act of 2001 (“the Act”), which petition sought the appointment of counsel to assist him in seeking DNA testing of evidence related to his first degree murder conviction. Discerning no error, we affirm. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. David Paul Beets
The defendant, David Paul Beets, appeals his Knox County Criminal Court jury convictions of possession with intent to sell more than .5 grams of methamphetamine within 1,000 feet of a private school, simple possession of heroin, hydrocodone, and marijuana, and driving on a suspended license, arguing that the evidence was insufficient to establish that he sold drugs in a drug-free zone or that his license had been suspended. We affirm the drug conviction but reverse the conviction of driving on a suspended license and dismiss that charge. |
Knox | Court of Criminal Appeals | |
Larry Lee Smith v. State of Tennessee
The petitioner, Larry Lee Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of aggravated rape and aggravated kidnapping, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Scott Warwick
A Knox County jury convicted the defendant, William Scott Warwick, of three counts of assault by offensive or provocative touching, a Class B misdemeanor, and three counts of sexual contact with a minor by an authority figure, a Class A misdemeanor. Following a sentencing hearing, the trial court imposed an effective sentence of 2 years, 11 months, and 27 days at 75 percent, suspended to supervised probation after serving 90 days in confinement. On appeal, the defendant argues the trial court erred in imposing split confinement. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals |
