State vs. Ira Ray Crouch E1999-02320-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Phyllis H. Miller
Having pled guilty to two counts of statutory rape, the defendant now challenges his sentence. He argues that the trial court improperly denied his motion for judicial diversion. We affirm his sentence of five years on probation.
Sullivan
Court of Criminal Appeals
State vs. Frederick Cavitt E1999-00304-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Robert E. Cupp
While incarcerated in the Tennessee Department of Correction, the defendant was indicted for aggravated assault, pled guilty to the lesser included offense of simple assault, and received a sentence of eleven months and twenty-nine days. The defendant moved for pretrial jail credits, in the amount of three hundred and twenty-one days, calculated from the day the arrest warrant was served to the day the judgment was entered. We conclude that the defendant is not entitled to the claimed jail credits and therefore affirm the trial court's order dismissing the defendant's Motion to Modify Judgment to Reflect Jail Credits. We modify the sentence to indicate service in either the Carter County Jail or workhouse.
Carter
Court of Criminal Appeals
State vs. Seria D. Ward M1998-00128-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Thomas H. Shriver
The defendant was convicted in Davidson County of especially aggravated robbery and sentenced to confinement for seventeen years. He appealed the conviction, alleging that the evidence was insufficient to convict him of the offense, that his videotaped confession should have been excluded, and that his trial counsel was ineffective. Based upon our review, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
State vs. Joyce Newman M1999-00161-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Thomas W. Graham
The defendant pled guilty in Sequatchie County to two counts of selling a Schedule II substance and was sentenced to confinement for four years and six months. After serving six months, she was placed in community corrections. Subsequently, an affidavit was filed by her probation officer, alleging that she had violated her Community Services Behavioral Contract in several ways, including "breaking house arrest." Following a hearing, the trial court agreed that the defendant had violated the house arrest provision of the contract and ordered that she serve the remainder of her sentence with the Department of Correction. The defendant timely appealed, alleging that the trial court improperly considered certain evidence and that, if she was reconfined, she should have served her sentence at the local jail, rather than with the Department of Correction. Based upon our review, we reverse the order of the trial court and remand for a new revocation hearing.
Sequatchie
Court of Criminal Appeals
State vs. Michael S. Reid M1999-00305-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Timothy L. Easter
The Williamson County grand jury indicted the appellant, Michael S. Reid, with one (1) count of driving under the influence, third offense, one (1) count of driving on a revoked license and one (1) count of criminal impersonation. The appellant pled guilty to driving on a revoked license and criminal impersonation and, after a jury trial, was found guilty of driving under the influence, third offense. The trial court sentenced the appellant to concurrent terms of eleven (11) months and twenty-nine (29) days, suspended after service of 180 days, for driving under the influence, third offense and six (6) months, suspended after service of ten (10) days, for driving on a revoked license. In addition, the appellant received a consecutive sentence of six (6) months, suspended after service of five (5) days, for criminal impersonation. On appeal, the appellant argues that the trial court erred in (1) admitting hearsay evidence over his objection by allowing a Williamson County Sheriff's Deputy to testify as to the contents of a dispatch he received prior to stopping the appellant; and (2) allowing the state to introduce evidence concerning a prior stop of the appellant for which he was not charged. We hold that the officer's testimony concerning the dispatch was nonhearsay and relevant and, as a result, properly admissible. Additionally, we conclude that the appellant has waived the issue regarding the prior stop as a result of his failure to object to this evidence at trial and his failure to include this issue in the motion for new trial. Therefore, we affirm the judgment of the trial court.
Williamson
Court of Criminal Appeals
State vs. Ronald Wayne Ashby M1999-01247-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: William Charles Lee
The defendant appeals his aggravated burglary conviction. He asserts that insufficient evidence supported the jury verdict, that the trial court improperly admitted evidence of another crime, and that his sentence is excessive. We conclude that sufficient evidence supported the verdict and that the "other crime" evidence was properly admitted. We affirm the sentence.
State vs. Manolito Jemison M1999-00752-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Steve R. Dozier
The defendant was found guilty by a Davidson County jury of the lesser offense of voluntary manslaughter on one count of first degree premeditated murder and the lesser offense of reckless homicide on one count of felony murder. The counts were merged into one conviction for voluntary manslaughter, and the defendant was sentenced as a Range I, standard offender to six years in confinement. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support a conviction for voluntary manslaughter and the length of his sentence, arguing that the trial court erroneously applied one enhancement factor and failed to apply two mitigating factors. Based upon our review, we agree that an enhancement factor was improperly applied. However, since two other enhancement factors were properly applied, and the evidence was sufficient to support the conviction, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
State v. Dwanna L. Mason M1999-02535-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Frank G. Clement, Jr.
The defendant pled guilty in Davidson County Criminal Court to vehicular homicide by reckless conduct, a Class C felony, and four lesser charges against her were dismissed. Her guilty plea was submitted without any agreement of the parties as to length or manner of service of sentence. After a sentencing hearing at which the defendant testified, the trial court sentenced her to five years and six months in continuous confinement. The defendant appeals as of right this sentence. We conclude that the imposition of a sentence of five years and six months was appropriate. We affirm the sentence as to length but modify it to show a period of confinement equal to time already served with the remaining time to be served on probation.
State vs. Michael Sample & Larry McKay W1999-01202-CCA-R3-PC
Trial Court Judge: Bernie Weinman
The Defendants were each convicted in 1982 of two counts of felony murder. Each Defendant received two death penalties for the murders. On post-conviction, the Defendants contend that the State withheld exculpatory information and that their death penalties were predicated in part on an invalid aggravating circumstance. The trial court dismissed the petitions without a hearing, finding that the Brady claims were time-barred and finding beyond a reasonable doubt that the jury would have imposed the death sentences absent consideration of the invalid aggravating circumstance. The Defendants now appeal the trial court's findings on both claims for relief. We affirm the trial court's judgment.
Shelby
Court of Criminal Appeals
State vs. Jerry Rodgers W1999-01443-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Chris B. Craft
The defendant was convicted of reckless homicide and sentenced to eight years as a Range II, multiple offender. On appeal, the defendant raises the issue of whether the trial court erred in relying on New York convictions as prior felonies in order to sentence him as a multiple offender. After review, we conclude that the record does not support the trial court's finding that the New York convictions qualified as prior felonies for sentencing purposes. Accordingly, we reverse, and remand the case to the trial court for resentencing.
Shelby
Court of Criminal Appeals
State vs. Christopher Henderson W1999-00958-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Defendant appeals the trial court's denial of judicial diversion and full probation following his guilty plea to possession of cocaine under 0.5 grams with intent to deliver and possession of drug paraphernalia. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals.
State vs. Deshawn McClenton W1999-00879-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Joseph B. Dailey
The Defendant, DeShawn McClenton, was convicted by a Shelby County jury of the offenses of aggravated robbery and especially aggravated kidnapping. The trial court sentenced the Defendant as a career offender to thirty years imprisonment for the aggravated robbery conviction and to sixty years imprisonment for the especially aggravated kidnapping conviction, with the sentences to be served consecutively. In this appeal as of right, the Defendant argues (1) that the evidence regarding his identity as the perpetrator was insufficient to support the convictions, (2) that the trial court erred in ruling that his prior aggravated robbery conviction and his three prior attempted second degree murder convictions were admissible to impeach his credibility if he chose to testify, and (3) that the movement and confinement of the victim were essentially incidental to the accomplishment of the aggravated robbery and were therefore insufficient to support a separate conviction for kidnapping. We find no error and affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
State vs. Gene Logue W1999-01795-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: Julian P. Guinn
Defendant was convicted of theft of property over $500.00, and sentenced to two (2) years as a Range I standard offender. Defendant now appeals as of right, and raises the following issues: the evidence is insufficient to sustain his conviction, the court erred in failing to grant his motion for judgment of acquittal because the state failed to prove the value of the property stolen and the venue of the crime in Benton County, and the court erred in sentencing defendant to serve two (2) years and failing to consider alternative sentencing. We affirm the decision of the trial court.
Benton
Court of Criminal Appeals
State vs. Michael W. Smith W1999-01817-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: John P. Colton, Jr.
The petitioner pled guilty in Shelby County Criminal Court to two counts of rape, two counts of aggravated burglary, and five misdemeanor counts. He was sentenced, pursuant to a negotiated plea agreement, to ten years for each of the rape counts; six years for each of the aggravated burglary counts; and eleven months and twenty-nine days for each of the misdemeanor counts, with all sentences to be served concurrently for an effective sentence of ten years. The sequence of the charges was that the petitioner was arrested and charged with a rape, an aggravated burglary, and all of the misdemeanor counts, released on bail, and later arrested for the second rape and aggravated burglary, both of which occurred while he was on bail for the first set of charges. In this petition for post-conviction relief, the petitioner sought to have his guilty pleas set aside on the grounds that his pleas were not voluntarily and knowingly made and he received ineffective assistance of counsel. It is unnecessary to address those issues because it appears from the record that the negotiated plea agreement was in violation of Tennessee Code Annotated Section 40-20-111(b), requiring that a sentence for a felony committed while on bail be served consecutively to the sentence for the initial felony charge. Because we do not know whether the petitioner would have entered his pleas of guilty had he known of the requirement regarding consecutive sentencing, on remand the petitioner must be allowed to withdraw his pleas of guilty as to both of the rape and both of the aggravated burglary charges.
Shelby
Court of Criminal Appeals
State vs. Reginald Merriweather W1999-02050-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: John Franklin Murchison
The defendant appeals his jury convictions of attempted second degree murder, aggravated assault, and especially aggravated robbery. He raises the following issues: (1) whether the trial judge erred in denying defendant's request for a mistrial based on a juror's response during voir dire; (2) whether the trial court erred in directing a witness to answer questions on cross-examination; (3) whether the evidence was sufficient to support his convictions; and (4) whether the trial court erred in failing to instruct the jury as to certain lesser-included offenses. The judgment of the trial court is affirmed in part and reversed in part.
Madison
Court of Criminal Appeals
State vs. Freddie Norment W1999-01928-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Jon Kerry Blackwood
The defendant was convicted of aggravated assault for wounding a jail cell mate with a homemade knife. On appeal, the defendant raises the following issues: whether the jury's verdict was supported by the evidence; whether the trial court erred in denying the defendant's motion to examine a potential witness outside the jury's presence; and whether the trial court erred in failing to issue curative jury instructions after the allegedly improper testimony of a prosecution witness. Based upon our review, we affirm the judgment of the trial court.
State vs. Sammy Bonds W2001-02859-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Petitioner, Sammy S. Bonds, appeals the trial court's denial of his petition for post-conviction relief. Petitioner's pro se petition alleges that he received ineffective assistance of counsel. We reject Petitioner's argument and affirm the judgment of the trial court.
Charles Montague vs. State E2000-00083-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Lynn W. Brown
Charles Montague appeals the Washington County Criminal Court's summary dismissal of his pro se post-conviction petition challenging his conviction for first degree murder. The appellant's original and supplemental petitions with attached affidavit present a myriad of claims within the trial process. The post-conviction court dismissed all claims without a hearing, finding the original and supplemental petitions were not properly verified and that the petitions failed to assert a sufficient factual basis for relief. After review of the petition, we affirm the post-conviction court's dismissal of certain claims and vacate its dismissal as to others. The case is remanded to the post-conviction court for further review of the surviving claims.
Washington
Court of Criminal Appeals
State vs. Michael Christopher Adams and Jerry Holt E1999-00446-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Richard R. Vance
The defendants, Michael Christopher Adams and Jerry Holt, Jr., appeal their convictions by a Sullivan County jury. Adams was convicted of second degree murder and four counts of aggravated assault. He received a total sentence of forty-nine years. Holt was convicted of four counts of aggravated assault and received a total sentence of twenty years. Both defendants challenge the sufficiency of the evidence and the trial court's imposition of consecutive sentencing. Adams also challenges the trial court's application of enhancement factors and failure to apply mitigating factors. We hold that the evidence is sufficient, but we hold that the trial court erred in sentencing. Adams's sentence is modified to reflect a total sentence of forty years, and Holt's sentence is modified to reflect a total sentence of twelve years.
Sullivan
Court of Criminal Appeals
State vs. Jeffrey Wayne Adkisson E1999-01316-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: E. Eugene Eblen
The defendant, convicted of one count of D.U.I., argues that the evidence was insufficient and that a police report submitted as evidence was unfairly redacted. After review, we find no reversible error and therefore affirm the judgment from the trial court.
