COURT OF CRIMINAL APPEALS OPINIONS

Timothy R. Powell vs. State of Tennessee
01C01-9708-CR-00379
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Frank G. Clement

The Defendant, Timothy R. Powell, appeals as of right from the order of the trial court summarily dismissing his second petition for post-conviction relief. We affirm the judgment of the trial court.

State of Tennessee vs. Cecil Eugene McGuire
03C01-9705-CC-00191
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Rex Henry Ogle

The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:

1. Whether the indictments are fatally defective and thereby deprive the trial court of jurisdiction in this case.
2. Whether the evidence as a matter of law was insufficient to support the convictions.
3. Whether the trial court improperly credited and weighed the enhancement factors and imposed an excessive sentence.

After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.

State vs. William Mack Gross
E2000-00039-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Douglas A. Meyer

State vs. Delbert Harris
01C01-9705-CC-00177
Trial Court Judge: Robert E. Burch

State vs. Demario Hill aka David Weathers
01C01-9707-CC-00444
Trial Court Judge: Robert E. Burch

Terry Hall vs. State
01C01-9710-CC-00448

State vs. William Clements
01C01-9707-CC-00247

James Newsome vs. State
01C01-9710-CR-00459
Trial Court Judge: Thomas H. Shriver

David Gibson vs. State
01C01-9710-CC-00473
Trial Court Judge: W. Charles Lee

State vs. AAA Aaron's Action Agency Bail Bond, Inc.
01C01-9710-CR-00462
Trial Court Judge: Seth W. Norman

Larry T. Carter vs. State
01C01-9710-CR-00488

State vs. Joseph Stinnett
01C01-9707-CC-00288
Trial Court Judge: James K. Clayton, Jr.

State vs. William Bradley
01C01-9708-CR-00336

State vs. Donald Wallace
01C01-9711-CC-00526
Trial Court Judge: Leonard W. Martin

State vs. Floyd Smith, II
01C01-9711-CR-00511

State vs. Helen Cumberbatch
E2000-00047-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Rebecca J. Stern
The Defendant appeals as of right from the trial court's revocation of her community corrections sentence. She argues that the trial court erred in revoking her community corrections sentence based on unreliable, undocumented hearsay evidence that she had failed a drug screen. The State asserts that the Defendant has waived appellate review of the admission of the hearsay evidence because she failed to object at the hearing. We hold that the trial judge properly considered the hearsay evidence, and she did not abuse her discretion in revoking community corrections because the evidence was sufficient to establish by a preponderance of the evidence that the Defendant had violated the conditions of community corrections by using cocaine. Accordingly, we affirm the judgment of the trial court revoking the Defendant's community corrections sentence.

01C01-9701-CC-00549
01C01-9701-CC-00549
Trial Court Judge: John H. Gasaway, III

State vs. Jerry Huskins
01C01-9707-CR-00253
Trial Court Judge: John A. Turnbull

01C01-9709-CC-00414
01C01-9709-CC-00414

State vs. Michael Taylor
01C01-9708-CR-00367
Trial Court Judge: J. Randall Wyatt, Jr.

State vs. Aaron Cooper
01C01-9708-CR-00368
Trial Court Judge: Thomas H. Shriver

Juan Walker vs. State
01C01-9708-CR-00371
Trial Court Judge: Thomas H. Shriver

State vs. Gerald Lovelace
01C01-9708-CC-00338
Trial Court Judge: Robert W. Wedemeyer

State vs. Gerald Lovelace
01C01-9708-CC-00338
Trial Court Judge: Cheryl A. Blackburn

Carl Jordan vs. State
01C01-9711-CR-00528