State of Tennessee v. Kristina Dawn Catron
The defendant, Kristina Dawn Catron, pleaded guilty to one count of fabricating evidence, one count of making a false report, and one count of misdemeanor theft under $500. The negotiated plea agreement produced an effective sentence of three years. The manner of service of the sentence was to be determined by the trial court. Following a presentence investigation and a sentence hearing, the trial court ordered the defendant to serve the sentence in confinement. It is from this sentencing determination that the defendant appeals. We affirm the judgment of the trial court based on the need to avoid depreciating the seriousness of the offense. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gabor Palasti
The defendant, Gabor Palasti, was convicted upon his pleas of guilty to the charges of vehicular assault and three counts of reckless endangerment. He originally received a four year effective sentence with 11 months, 29 days of incarceration followed by probation. This was ultimately altered by the trial judge to require that the defendant serve six (6) months in confinement with thirty days of continuous confinement followed by five months of work release and then supervised probation. In this appeal the defendant contends he should have received full probation for these offenses and he cites numerous alleged deficiencies in the trial court's sentencing procedures. We find that in sentencing the defendant the trial court failed to make appropriate findings on the record and that therefore our review of the defendant's sentence is de novo without a presumption of correctness. Nevertheless, we find that the record contains sufficient evidence from which this Court concludes that six (6) months confinement of the defendant is appropriate. However, we believe the entire confinement should be served on work release. We therefore AFFIRM the decision of the trial court with the modification that the entire period of incarceration be served on work release. |
Hamilton | Court of Criminal Appeals | |
Tony Allen Leonard v. State of Tennessee
Following an evidentiary hearing, the Sullivan County Criminal Court denied the petitioner, Tony Allen Leonard, post-conviction relief. On appeal, the petitioner claims that the post-conviction court erred in failing to find that his trial counsel rendered ineffective assistance. Because the record supports the lower court's findings and holding, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Eric Alonzo Smith
The defendant, Eric Alonzo Smith, was convicted of driving on a revoked license, aggravated robbery, and evading arrest. The trial court imposed concurrent sentences of 6 months, 8.5 years, and 11 months, 29 days, respectively. In this appeal of right, the defendant asserts that the evidence is insufficient to support the conviction for aggravated robbery. The judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Toby P. Leonard
The defendant, Toby P. Leonard, entered pleas of guilt to aggravated assault and civil rights intimidation. As a part of the plea agreement, the defendant received Range I, consecutive sentences of six and two years, respectively, for an effective sentence of eight years. The trial court denied probation. In this appeal of right, the defendant argues that he should have been granted an alternative sentence. The judgment is affirmed. |
Giles | Court of Criminal Appeals | |
Austin Eugene Lineback v. State of Tennessee
Through a 2001 Tipton County Circuit Court post-conviction petition, Austin Eugene Lineback challenges his 2001 convictions in that court of statutory rape and especially aggravated sexual exploitation of a minor. The convictions resulted from his guilty pleas, which the petitioner now |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Abron A. Coleman
Aggrieved that his Shelby County jury conviction of aggravated robbery is not supported by sufficient evidence, Abron A. Coleman, the defendant, appeals. Because we conclude that the evidence is sufficient, we affirm the conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Paul Anthony Wright
The defendant, Paul Anthony Wright, pled guilty in the Obion County Circuit Court to manufacturing methamphetamine, a Class C felony, and was sentenced as a Range I, standard offender to three years, with ninety days to be served in the county jail and the remainder in a community corrections program. As a condition of his guilty plea, the defendant sought to reserve as a certified question of law whether the trial court erred in finding there was probable cause to issue a search warrant for his property. On appeal, the defendant argues that he properly certified the question for appeal whether the trial court erred in concluding that the search warrant sufficiently established probable cause for the search of his premises. We agree with the defendant that the certified question is properly before this court and agree with the State that the trial court properly determined that the search warrant was adequate. Accordingly, we affirm the order of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Wendell Ray Williams - Dissenting
The majority concludes that reversal is necessitated based upon (1) failure to instruct the jury on facilitation and (2) error in admitting into evidence the defendant's prior felony drug conviction for purposes of impeachment. Because I am unable to join on either point, I must respectfully dissent. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Wendell Ray Williams
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Leroy Nevils
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Williamson | Court of Criminal Appeals | |
State of Tennessee v. Percy Wade Cockrill
The Defendant, Percy Wade Cockrill, pled guilty to six counts of robbery. After a hearing, the trial court sentenced the Defendant as a Range I offender to four years each on three of the robberies, and to five years each on the remaining three robberies. The trial court further ordered the five-year sentences to run consecutively to each other, for an effective sentence of fifteen years to be served in the Department of Correction. The Defendant now challenges the length of each term as well as the imposition of consecutive sentences. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Samuel L. Giddens
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Williamson | Court of Criminal Appeals | |
State of Tennessee v. Charles Hinkle
The defendant was found guilty by a jury of reckless endangerment with a deadly weapon, vandalism up to five hundred dollars ($500), and public intoxication. The trial court sentenced the defendant as a Range I standard offender to a term of two years for reckless endangerment, eleven months and twenty-nine days for vandalism, and thirty days for public intoxication. These sentences were to run concurrently and were to be served in confinement in the county jail. The trial court rejected alternative sentencing. The defendant contends his sentence is excessive. Because the defendant failed to include the trial transcript, we are unable to conduct an adequate appellate review. Therefore, we presume the trial court correctly sentenced the defendant and affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Carlton Lee McAlister
The defendant appeals his conviction for DUI - second offense and his sentence of sixty days. The defendant contends the evidence is insufficient to sustain his conviction, more specifically that he was not impaired while driving or on a public road. The defendant also argues that his sentence of sixty days is excessive. We conclude the evidence is sufficient to sustain his conviction. The defendant failed to include the sentencing hearing transcript, thus barring this Court from reviewing his argument concerning sentencing. We affirm the judgment from the trial court as modified. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Robert L. Trocsch
The appellant, Robert L. Trocsch, was convicted in the Roane County Criminal Court of one count of burglary and two counts of theft. He received a total effective sentence of eight years incarceration in the Tennessee Department of Correction. On appeal, the appellant contests the sufficiency of the evidence supporting his convictions and alleges that the trial court improperly performed its function as thirteenth juror. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Myra S. Bikrev
Myra S. Bikrev appeals from her Williamson County convictions of felony theft of property, coercion of a witness, and aggravated perjury. These convictions were imposed following findings of guilt at a jury trial, and Bikrev is presently serving an effective eight-year sentence involving both jail confinement and probation. She challenges the sufficiency of the evidence as well as the propriety of the sentences she received. Her appellate arguments are not meritorious, and we affirm. |
Williamson | Court of Criminal Appeals | |
Richard Brown v. State of Tennessee
The petitioner appeals the denial of post-conviction relief from his first degree murder conviction. He claims he received ineffective assistance of counsel because his trial counsel (1) failed to adequately challenge suppression of the petitioner's confession and (2) failed to have the petitioner testify at trial. We affirm the trial court's denial of post-conviction relief. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Artez L. Moreis - Dissenting
I respectfully dissent. For those reasons expressed in State v. Vernon Dewayne Waller, No. M2001-02414-CCA-R3-CD (Tenn. Crim. App. at Nashville, Aug. 23, 2002), perm. to appeal granted, (Tenn. 2002), I find no error in the admission of the defendant's prior felony drug convictions for purposes of impeachment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Artez L. Moreis
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Richard DeWayne Jordan
A Rhea County grand jury indicted the defendant on multiple sexual offense charges. At the conclusion of a trial, the defendant was acquitted of numerous offenses but found guilty of two counts of aggravated sexual battery (as lesser included offenses of aggravated rape). For each of these convictions, the trial court sentenced the defendant to twelve years as a standard offender. The court then set these sentences to run concurrently. After unsuccessfully pursuing a new trial motion, the defendant brings this appeal, raising five issues. He avers 1) that the evidence was insufficient to support the verdict; 2) that the prosecutor committed reversible error by soliciting "unrelated crimes" evidence from a State witness; 3) that the prosecution committed reversible error by comments made in its closing argument; 4) that the trial court erred in failing to declare a not guilty verdict as to all counts after the jury indicated that this was its verdict; and 5) that the trial court erred in excessively sentencing the defendant. After reviewing the record and relevant authorities, we find it necessary to remand the defendant's aggravated sexual battery conviction under trial count two for resentencing consistent with this opinion. However, we find that none of the other issues merit reversal and, therefore, affirm the defendant's convictions and his aggravated assault sentence under count four of the indictment. |
Rhea | Court of Criminal Appeals | |
Chico Lopez Chigano v. State of Tennessee
The petitioner, Chico Lopez Chigano, appeals the trial court's denial of his petition for postconviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel at trial. The judgment of the trial court is affirmed |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Richard Albany Goode
Richard Albany Goode, convicted upon his guilty plea of statutory rape, appeals from the Blount County Circuit Court's imposition of a two-year incarcerative sentence. He claims he should have received an alternative sentence. Because the appellate record does not contain evidence relied upon by the parties and the court at the sentencing hearing, we hold that the defendant has waived our review of his appellate issue. We therefore affirm the sentence imposed by the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Anthony D. Forster
The defendant, after being allowed to represent himself at the sentencing hearing, proceeds pro se in appealing his especially aggravated robbery conviction and sentence of twenty-two years imprisonment. The defendant argues his right to a speedy trial was violated and argues he was subject to an unreasonable delay in sentencing. The defendant argues the trial court improperly denied the defendant's motion to sever the offenses. The defendant argues the trial judge abused his discretion in failing to recuse himself and contends the trial court erroneously allowed a witness to testify to injuries she sustained as a result of the robbery. The defendant argues the trial court improperly ruled the defendant was not entitled to be present during jury deliberations. The defendant argues the trial court frustrated his right to appeal by relieving his trial counsel prior to sentencing. The defendant argues he is the victim of a malicious prosecution. We conclude the trial court did not err and evidence supports the defendant's conviction of especially aggravated robbery. Therefore, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tiffany Goodman
The Defendant was convicted, along with her co-defendant husband, of child abuse and neglect, a Class D felony, and sentenced to four years probation. She appeals, claiming that the evidence was insufficient to support her conviction and that any neglect that did occur was the result of mistakes in parenting skills, such mistake vitiating any knowing abuse. We affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals |
