COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. John Ruff
W1999-01536-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge John P. Colton, Jr.

The Defendant, John Ruff, appeals the dismissal without prejudice of the charges against him. He asks this Court to enter an order dismissing his case with prejudice. We hold that the trial court properly dismissed the charges against the Defendant without prejudice; thus, we affirm the action of the trial court.

State of Tennessee v. John Ruff - Concurring and Dissenting
W1999-01536-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge John P. Colton, Jr.

I concur with the majority’s rationale that led to the conclusion that the charges were properly dismissed below without prejudice. However, I also agree with the majority’s statements about the unavailability of a Rule 3 appeal in this case. Because no appeal as a matter of right is
availed to the defendant under Rule 3, I would conclude that this court is without jurisdiction to consider the defendant’s issue with respect to the dismissal of charges without prejudice. See Tenn. R. App. P. 3(b). Although the practical result is the same in that the action of the trial court is not being reversed, I would dismiss the appeal.

James Rines v. State of Tennessee
E2000-01066-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Rex Henry Ogle

The petitioner appeals the trial court’s dismissal of his “petition to correct illegal judgment/sentence.” Finding no basis for a rightful appeal or a discretionary appeal via the common law writ of certiorari, we dismiss the appeal.

David Palmer v. State of Tennessee
M2000-00371-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner filed a post-conviction petition for relief from his conviction for aggravated child abuse, arguing that: (1) he received ineffective assistance of counsel at trial; (2) his due process rights were violated because he was not present during voir dire; and, (3) he was denied his constitutional right to testify in his own behalf. After the post-conviction court denied his petition, the petitioner appealed to this court. We affirm the post-conviction court's denial of the petition.

State of Tennessee v. Donald Craig Miller
M2000-00962-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Seth W. Norman

The Defendant, Donald Craig Miller, pled guilty to burglary, Class D felony, pursuant to a negotiated plea agreement wherein he was to receive a sentence of four (4) years, with the manner of the service of the sentence to be determined by the trial court following the sentencing hearing. At the sentencing hearing, the trial court accepted the four-year sentence, but ordered three and one-half years incarceration, followed by service of four years in Community Corrections in a "split-confinement" sentence. Subsequently, the Defendant filed a "Motion for Clarification of Judgment Order" which was denied by the trial court following a hearing. The Defendant filed a notice of appeal. We hold that this matter should be treated as a petition for common law writ of certiorari rather than a Rule 3, T.R.A.P. appeal, and reverse the judgment of the trial court and remand for further proceedings.

State of Tennessee v. Parker Odell Doney, Jr.
M2001-01187-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Parker Odell Doney, Jr., appeals his convictions for one count of aggravated robbery and two counts of aggravated assault and his sentences totaling fifteen years in the Department of Correction. The defendant contends the evidence presented against him at trial was insufficient to support his convictions, and the trial court erred in sentencing him. After a thorough review of the record, we reduce the aggravated assault sentences but otherwise affirm the judgments of the trial court.

Hagan Paul Roberts v. State of Tennessee
E2000-00007-CCA-R3-PC
Authoring Judge: Judge William B. Acree
Trial Court Judge: Judge Phyllis H. Miller

Hagan Paul Roberts (herein petitioner) appeals the dismissal of his petition for post conviction relief. The petitioner claims his trial counsel was ineffective for failing to interview and call two witnesses to testify at the trial. The trial Court found that the petitioner did not inform his trial counsel of these witnesses and dismissed the petition. We affirm the trial Court.

State of Tennessee v. James E. (Junebug) Ligon
M1999-02461-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Allen W. Wallace

A Cheatham County jury found the defendant guilty of aggravated burglary and theft for breaking into his neighbor's home and stealing two television sets, a VCR, and a computer. The trial court sentenced the defendant as a Range III, persistent offender to twelve years for the aggravated burglary count and as a career offender to twelve years for the theft count, with the sentences to be served consecutively in the Department of Correction. In this appeal as of right, the defendant challenges the sufficiency of the evidence; the failure of the trial court to order a mistrial based on testimony alluding to the defendant's criminal past; and the failure of the trial court to instruct the jury as to the crime of accessory after the fact on the theory that it is a lesser-included offense of both indicted offenses. Finding the evidence sufficient and no other reversible error, we affirm the judgment of the trial court.

Jesse Daniel Hall v. State of Tennessee
W2000-01712-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Bernie Weinman

This is a post-conviction appeal. In 1988, appellant was convicted of robbery with a deadly weapon and received a life sentence. Thereafter, the appellant filed a petition for post-conviction relief, attacking his conviction on the grounds of ineffective assistance of counsel. The trial court denied relief, and this Court affirmed the judgment of the trial court. Subsequently, the appellant filed the instant three petitions for post-conviction relief. Two of appellant's petitions attack the validity of the petitioner's convictions for grand larceny and third degree burglary, which were used to enhance his 1988 sentence for robbery with a deadly weapon. The third petition addresses the 1988 sentence and attacks the sufficiency of the evidence with regard to another of petitioner's prior convictions. The trial court summarily dismissed the petitions for failing to comply with the applicable statute of limitations and failing to state an appropriate ground upon which a successive petition could be lodged. The judgment of the trial court dismissing the petitions is affirmed.

State of Tennessee v. Danny Wayne Ratliff
E2000-00673-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Trial Court Judge: Judge Phyllis H. Miller

The defendant appeals his conviction of reckless endangerment with a deadly weapon and vandalism under $500.00. He contends the evidence was insufficient to support the verdict of the jury, the sentence of two years was excessive, and the trial court erred in sentencing the defendant to community corrections with the condition that he serve 200 days in the county jail. We find no error and affirm the trial court.

State of Tennessee v. James M. Williams
W1999-01458-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Arthur T. Bennett

This appeal arises from the sentence that the Shelby County Criminal Court imposed upon James M. Williams, after a previous appeal to this court resulted in a modification of his original two-year incarcerative sentence to a sentence ordered to be served on probation. The defendant contests the trial court's authority to resentence him to serve 60 days in a correctional facility, with the balance of his two-year sentence to be served on probation. The defendant also challenges his new sentence as the product of judicial vindictiveness, and he claims that he is entitled to full probation based on the facts of the case. After a review of the record, we reverse the split-confinement sentence, order that the defendant serve his sentence on full probation with conditions, and remand for defendant to begin immediate service of his sentence.

State of Tennessee v. Aaron Bernard Gray
W2000-00645-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joe C. Morris

The Defendant, Aaron Bernard Gray, appeals as of right from the dismissal of his petition for post-conviction relief. On appeal, he asserts that he should have been granted post-conviction relief because he was denied the effective assistance of counsel at trial, because the trial court abused its discretion by finding the victim competent to testify, and because the trial court abused its discretion by failing to grant a mistrial. We hold that the Defendant has failed to establish that he was denied the effective assistance of counsel and that his other two issues are either waived or previously determined. Thus, we affirm the judgment of the trial court.

State vs. Cornelius Michael Hyde
E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Michael Knox
W2000-00362-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Mark Agee
The defendant pled guilty to vehicular homicide by intoxication, a Class B felony, and was sentenced as a Range I, standard offender to: eight years imprisonment; a $10,000 fine; and state probation, to be served upon his release from prison, with the condition that he perform five hundred hours of community service. In this appeal as of right, the defendant argues that the trial court erred in denying his request for alternative sentencing. After review, we conclude that the record supports the sentence of incarceration, but that the trial court erred in ordering that the defendant be placed on probation and required to perform community service upon the completion of his prison sentence. Accordingly, we affirm the portion of the judgment ordering an eight-year sentence of incarceration and a fine of $10,000, but reverse the portion ordering that the defendant be placed on probation following his release and that he perform community service. In addition, we order that the defendant be prohibited from operating a motor vehicle for a period of five years from the entry of an order prohibiting such.

State vs. Jimmy Harber Jr.
W2000-00462-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Mark Agee
While driving under the influence of alcohol, the defendant lost control of his pickup truck and crashed into a road embankment, causing the death of one of his five teenaged passengers. He pled guilty to vehicular homicide by intoxication as to the passenger who died, and to reckless endangerment with a deadly weapon as to all other passengers, agreeing to allow the trial court to set his sentences. Applying enhancement factors (10) and (16), the trial court sentenced the defendant as a Range I, standard offender to ten years for the vehicular homicide conviction, and two years for the reckless endangerment conviction, with the sentences to be served concurrently. The defendant appeals the sentencing, arguing that the trial court erred in its application of enhancement and mitigating factors, and that he should have been granted probation. Based upon our review of the record and of applicable law, we conclude that the enhanced sentences are supported by the record, and that the trial court, therefore, committed no error in its failure to grant probation. Accordingly, we affirm the judgment of the trial court.

State vs. Bobby Haley
W2000-00860-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Joseph H. Walker, III
The defendant pled guilty to delivery of less than one-half gram of a Schedule II, controlled substance, and the trial court sentenced him as a Range III, persistent offender to twelve years in the Tennessee Department of Correction. On appeal, the defendant contends that his sentence is excessive. We affirm the sentence imposed by the trial court.

State vs. Demario Jackson
W2000-01421-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Joe C. Morris
The Defendant pleaded guilty to two counts of rape of a child. Pursuant to a plea agreement, he was sentenced to two concurrent prison terms of fifteen years, to be served at one hundred percent. The Defendant complains in this post-conviction proceeding that he received ineffective assistance of counsel in conjunction with his plea, resulting in a plea that was not knowingly, intelligently or voluntarily entered. The trial court denied relief. We affirm the judgment of the trial court.

State vs. James Cole
W2000-00056-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Chris B. Craft
The Defendant, James L. Cole, appeals as of right from his first degree felony murder conviction. On appeal, he asserts that the evidence was insufficient to support his conviction. We hold that the evidence was sufficient to support the Defendant's conviction; accordingly, we affirm the judgment of the trial court.

State vs. Clarence Braddock Jr.
W2000-00383-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Jon Kerry Blackwood
The Defendant, Clarence Braddock, Jr., entered a guilty plea to the offense of introduction of contraband into a penal institution, a Class C felony. After a sentencing hearing, he was denied alternative sentencing and was sentenced to three years incarceration. In this appeal as of right, the Defendant asserts that the trial court erred by denying him alternative sentencing. We hold that the Defendant was properly denied alternative sentencing; thus, we affirm the judgment of the trial court.

State vs. Alexander Lee
W1999-01804-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft
The Appellant, Alexander A. Lee, pled guilty to one count of felony possession of cocaine, a class C felony. The Shelby County Criminal Court sentenced the Appellant to three years, suspended, with nine months to serve in the county workhouse. On appeal, the Appellant contends that the trial judge erred in denying his request for total probation. After review, we find no error. Therefore, the judgment is affirmed.

State vs. Terry Johnson
W2000-00749-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Joseph H. Walker, III
A Lauderdale County jury convicted the defendant of felony reckless endangerment, and in this appeal, the defendant claims two errors: (1) The trial court erroneously determined that the eight-year-old victim was competent to testify, and (2) the defendant was denied his right to a unanimous verdict. We find no error requiring reversal and affirm the conviction.

State vs. Jeffrey Coffey
M2000-00770-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Jim T. Hamilton
The defendant was convicted by a Maury County jury of aggravated child abuse of a child six years of age or less, a Class A felony, and was sentenced to twenty-five years in confinement, the maximum sentence for a Range I, standard offender. In this appeal as of right, the defendant presents two issues for our review: (1) whether the evidence was sufficient to support the conviction; and (2) whether the sentence was excessive. We conclude that the convicting evidence was sufficient. We further conclude that, although the trial court erred in applying enhancement factors (5) and (6), two other statutory enhancement factors were appropriately applied. Additionally, we conclude that, although the trial court erred in not applying mitigating factors (6) and (13), the defendant was appropriately sentenced. The judgment of the trial court is affirmed.

State vs. Carlos L. Batey
M2000-00759-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Seth W. Norman
The defendant appeals a certified question from the trial court's denial of his motion to suppress cocaine seized incident to his warrantless arrest. He contends that the police lacked probable cause to arrest him because the state failed to prove the basis of knowledge and the reliability of the informant who arranged the drug transaction which led to his arrest. We affirm the trial court's denial of the motion to suppress.

State vs. Michael Nevens
M2000-00815-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter
The defendant appeals from his conviction for theft of a bottle of tea, contesting the jury instructions, the effectiveness of his trial counsel, the state's cross-examination of defense witnesses, the state's closing argument and the trial court's failure to rule upon a subsequent objection, and his sentence. Because the trial court erred in instructing the jury, we reverse the defendant's conviction and remand the case to the trial court.

Ray Charles Gasaway vs. State
M2000-00991-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Steve R. Dozier
Petitioner, Ray Charles Gasaway, filed a Petition for Post-Conviction Relief in the Davidson County Criminal Court, which the post-conviction court subsequently denied. Petitioner challenges the denial of his petition, raising the following issue: whether the trial court erred in ruling that the Petitioner was provided effective assistance of counsel. Specifically, Petitioner argues that his trial counsel failed to investigate, failed to raise the fatal variance between the indictment and the proof at trial and failed to raise as an issue the violation of Petitioner's right to due process because of the delay between the commission of the crimes and commencement of adversarial proceedings. After a thorough review of the record, we affirm the trial court's denial of the Petitioner's post-conviction petition.