State of Tennessee v. Duvale Vashawn Pruitt
In this procedurally complex case, the Defendant, Duvale Vashawn Pruitt, pled nolo contendere to multiple drug-related charges, and the trial court sentenced him to an effective sentence of ten years of probation. The Defendant’s probation officer filed two probation violation warrants, one in September and another in October of 2007. After a hearing, the trial court ordered the Defendant to serve 90 days in jail and then start his probationary sentence again. In February 2011, the Defendant’s probation officer filed a third probation violation warrant based upon the Defendant’s possession of a switchblade knife at a courthouse, and the trial court issued a warrant for the Defendant’s arrest. After a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence of ten years at 30% in the Tennessee Department of Correction. It is from this judgment that the Defendant now appeals. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Allan Pope
In presentments by a Sullivan County Grand Jury, appellant, Allan Pope, was charged with four counts of theft of services more than $1,000 but less than $10,000; one count of official misconduct; one count of using public equipment for private purposes; and one count of theft of services more than $10,000 but less than $60,000. A jury found appellant not guilty of all counts of theft of services more than $1,000 but less than $10,000. He was found guilty of the remaining counts. The trial court imposed a one-year suspended sentence for official misconduct and a three-year suspended sentence for theft of services more than $10,000 but less than $60,000 and placed appellant on probation for six years. On appeal, appellant raises the following issues: (1) whether the trial court erred in denying appellant’s motion for judgment of acquittal or motion for new trial; (2) whether the evidence was sufficient to sustain a conviction for official misconduct; (3) whether the evidence was sufficient to sustain a conviction for private use of county equipment; (4) whether the evidence was sufficient to sustain a conviction for theft of services more than $10,000 but less than $60,000, and; (5) whether the trial court erred in ordering restitution. Upon review of the record, we agree with appellant and conclude that the evidence was insufficient to sustain the convictions for official misconduct and private use of public property, therefore we reverse the judgments of conviction and dismiss those counts of the indictment. We affirm the judgment of the trial court on theft of services more than $10,000 but less than $60,000 and remand the matter for entry of judgments consistent with this opinion. |
Sullivan | Court of Criminal Appeals | |
Robert Eric Collins v. State of Tennessee
The Petitioner, Robert Eric Collins, appeals from the Hawkins County Criminal Court’s denial of post-conviction relief from his two guilty plea convictions for possession with intent to deliver a controlled substance, Class C felonies, and his effective three-year community corrections sentence. On appeal, the Petitioner contends that counsel provided ineffective assistance by (1) failing to advise him properly of potential conflicts of interest and (2) forcing him to plead guilty by telling him that he could not receive a fair trial in Hawkins County. We affirm the judgement of the trial court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. James Basil Conner
The defendant pled guilty to two counts of aggravated burglary, Class C felonies, and was sentenced as a range I, standard offender to two concurrent three-year sentences, to be served on probation. The defendant requested judicial diversion, but the trial court denied this request. The defendant now appeals, claiming that the trial court abused its discretion by failing to grant him judicial diversion. After carefully reviewing the record and the arguments of the parties, we conclude that the trial court failed to expressly consider numerous criteria that it was required to consider in making the determination of whether to grant or deny judicial diversion. Consequently, the judgments of the trial court are reversed and the case is remanded to the trial court for reconsideration in light of all relevant factors in a manner consistent with this opinion. |
Knox | Court of Criminal Appeals | |
Billie Joe Welch v. State of Tennessee
The Petitioner, Billie Joe Welch, appeals as of right from the Roane County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted of second degree murder, a Class A felony. He received a sentence of eighteen years as a Range I, violent offender. The Petitioner challenges the denial of his petition for post-conviction relief as well as the performance of trial and appellate counsel. Following our review, we affirm the judgment of the post-conviction court. |
Roane | Court of Criminal Appeals | |
Demetrie Owens v. State of Tennessee
A Marshall County jury convicted the Petitioner, Demetrie Owens, of aggravated burglary and two counts of theft of property valued over $1000, and the trial court sentenced him as a Range II offender to an effective sentence of ten years in the Department of Correction. On appeal, this Court affirmed the Petitioner’s convictions and sentence. State v. Demetrie Darnell Owens, No. M2009-02611-CCA-R3-CD, 2010 WL 3448138 (Tenn. Crim. App., at Nashville, Sept. 2, 2010), no perm. app. filed. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because his trial counsel did not adequately cross-examine the State’s witnesses and because he improperly “opened the door” to proof of a prior bad act by the Petitioner. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Antonio Jamarc Warfield
A Maury County jury convicted appellant, Antonio Jamarc Warfield, of especially aggravated robbery, a Class A felony, and especially aggravated burglary, a Class B felony. The trial court sentenced him to serve an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, appellant argues that the evidence was insufficient to support his convictions. After reviewing the record, the parties’ briefs, and applicable law, we affirm the conviction of especially aggravated robbery, modify the conviction of especially aggravated burglary to aggravated burglary, and remand for entry of a judgment on the aggravated burglary conviction consistent with this opinion. |
Maury | Court of Criminal Appeals | |
Quinton A. Cage v. State of Tennessee
The petitioner, Quinton A. Cage, filed an application to reopen his petition for post-conviction relief, asserting that he was incompetent when his post-conviction petition was filed. The post-conviction court denied the motion,and the petitioner appeals. Upon review, we dismiss the appeal as untimely. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Mark Joseph Graves
The Defendant, Mark Joseph Graves, entered a best interest plea to attempted sexual exploitation of a minor, in exchange for a two-year and one-day sentence, as a Range I standard offender, at thirty percent. As part of the Defendant’s plea agreement, he reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether an affidavit in support of a search warrant must allege when the illegal activity occurred. After reviewing the record and applicable law, we conclude that the Defendant is not entitled to relief. Accordingly, we affirm the Defendant’s conviction. |
Hamblen | Court of Criminal Appeals | |
Tony L. Pirtle v. State of Tennessee
The petitioner, Tony L. Pirtle, pled guilty to aggravated burglary, aggravated kidnapping, and facilitation of aggravated rape. The petitioner received an effective sentence of thirty years in the Tennessee Department of Correction. Thereafter, the petitioner filed a motion for post-conviction DNA testing, alleging that testing would exonerate his co-defendant and, thereby, exonerate the petitioner. The court denied the motion, and the petitioner appeals. Upon review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Eddie Joe Whitaker
Defendant, Eddie Joe Whitaker, was indicted by the Campbell County Grand Jury for driving under the influence (DUI). Following a jury trial, Defendant was convicted as charged and sentenced by the trial court to 11 months and 29 days to be served at 75 percent incarceration. Defendant appeals his conviction and sentence and asserts: 1) the evidence at trial was insufficient to support his conviction; and 2) his sentence was excessive. Finding no error, we affirm the judgment of the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Joshua Jermaine Whitehead
Joshua Jermaine Whitehead (“the Defendant”) pled guilty in February 2004 to one count of attempted aggravated sexual battery and one count of aggravated assault. The Defendant was sentenced in May 2004 as a Range I offender to an effective sentence of nine years, suspended after service of one year. Due to repeated probation violations, the Defendant eventually served his entire sentence in confinement. The Defendant was released on August 19, 2011. On October 5, 2011, he filed a motion to withdraw his guilty plea on the basis that he was not informed of the lifetime community supervision consequence of his conviction for the sex offense. After a hearing, the trial court denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Anthony Troy Williams
Appellant, Anthony Troy Williams,was indicted by the Davidson County Grand Jury for driving on a canceled, suspended or revoked license, second offense. Appellant was convicted by a jury and sentenced to six months in jail and a fine of $2,500. On appeal, Appellant, pro se, challenges the constitutionality of the State’s requirement that he have a license to drive in Tennessee. After a review of the record, we determine that Appellant was properly convicted of driving on a canceled, suspended, or revoked license. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Steven Linton Griffith v. State of Tennessee
Petitioner, Steven Linton Griffith, was convicted in Sullivan County of both the sale and delivery of cocaine within 1,000 feet of a school zone. See State v. Steve Griffith, No. E2008-01962-CCA-R3-CD, 2009 WL 1956713, at *1 (Tenn. Crim. App., at Knoxville, Jul. 8, 2009), perm. app. denied, (Tenn. Dec. 14, 2009). The trial court merged the convictions into a single judgment. Appellant appealed. Id. This Court affirmed the judgment of the trial court on appeal. Id. Appellant filed a pro se petition for post-conviction relief in which he argued that he received ineffective assistance of counsel at trial. After a hearing, the postconviction court denied relief. Appellant argues on appeal that the petition was improperly denied. After a review of the record, we determine that Petitioner failed to show by clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Louis W. Alford
Appellant, Louis W. Alford, was convicted of second degree murder in Coffee County in 1990. As a result, Appellant received a forty-year sentence. On direct appeal, this Court affirmed Appellant’s sentence and conviction. State v. Louis William Alford, No. 01C019110CC00300, 1992 WL 50968, at *5 (Tenn. Crim. App., at Nashville, Mar. 19, 1992), perm. app. denied, concurring in results only (Tenn. Jun. 15, 1992). In a separate case, Appellant pled guilty to several charges and received a four-year sentence. This sentence was ordered to be served consecutively to the second degree murder sentence. On direct appeal from the burglary conviction, this Court remanded the matter for resentencing because the judgment form failed to reflect the range of punishment. State v. Louis William Alford, No. 01-C01-9007CR00170, 1991 WL 4951, at *2 (Tenn. Crim. App., at Nashville, Jan. 24, 1991). On remand, the trial court held a sentencing hearing and sentenced Appellant as a Range II, multiple offender. Appellant again initiated an appeal, arguing that his five prior felonies could not be used to enhance his sentence because they pre-dated the Sentencing Reform Act of 1989. This Court affirmed the sentence on appeal. State v. Louis William Alford, No. 01C01-9108CC00227, 1992 WL 50963, at *1 (Tenn. Crim. App., at Nashville, Mar. 19, 1992), perm. app. denied, (Tenn. Jun. 8, 1992). Appellant filed a motion to correct his sentence in September of 2011, in which he complained about the miscalculation of his parole date and joinder of his sentences for burglary and second degree murder. The trial court denied the motion. Appellant filed a motion for reconsideration or, in the alternative, a notice of appeal. The trial court issued a second order in which it determined that it had no authority to order the relief sought by Appellant. Appellant filed a notice of appeal. After a review of the record and applicable authorities, we determine that Appellant does not have an appeal as of right from the order under Rule 3 of the Tennessee Rules of Appellate Procedure. Accordingly, the appeal is dismissed. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Oscar E. Ochoa and Beatriz Ochoa
Defendants, Oscar E. Ochoa and Beatriz Ochoa, were indicted by the Bradley County Grand Jury for possession of between 10 and 70 pounds of marijuana with intent to sell. Defendants filed applications for Rule 9 interlocutory appeal seeking our review of the trial court’s ruling that the State did not abuse its discretion when the Assistant District Attorney General denied Defendants’ applications for pretrial diversion. Defendants’ cases were consolidated on appeal. After a thorough review of the record and relevant authorities, we conclude that the trial court properly affirmed the State’s denial of pretrial diversion. Accordingly, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
Pete C. Jenkins v. State of Tennessee
On March 31, 1994, the petitioner entered a plea of nolo contendere to two counts of aggravated rape, a Class A felony, and was sentenced as a Range I offender to fifteen years for each count. The plea agreement required the sentences to be served consecutively. The petitioner brought a petition for the writ of habeas corpus, alleging that the trial court lacked jurisdiction to impose consecutive sentences and that the judgments were consequently void. The trial court denied the petition. Following our review, we affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Thomas Mayers
After a trial by jury, the defendant was found guilty of aggravated burglary, a Class C felony, attempted aggravated burglary, a Class D felony, and theft of property over $500, a Class E felony. He was sentenced to a total effective sentence of 25 years. On appeal, the defendant claims that the trial court erred by (1) denying his motion to dismiss his indictment or suppress testimony regarding destroyed evidence; (2) allowing the State to present certain photographs taken of the defendant, on grounds that they were not properly authenticated; and (3) ordering him to serve his sentence on the attempted aggravated burglary consecutively to his sentence for aggravated burglary because both crimes should have been considered part of the same criminal episode. We conclude that the defendant has waived the first claim by virtue of his failure to prepare an adequate brief and record and that the trial court did not err by allowing admitting the photographs and ordering consecutive sentences. We affirm the judgments of the trial court accordingly. |
Davidson | Court of Criminal Appeals | |
Kevin DeWitt Ford v. State of Tennessee
On January 18, 2011, Petitioner, Kevin DeWitt Ford, filed a pro se petition for writ of error coram nobis. He subsequently submitted two amended petitions, also pro se. Petitioner attacked seven convictions in the Davidson County Criminal Court for aggravated robbery. Petitioner pled guilty to the offenses but reserved for appeal a certified question of law. On appeal, this court affirmed the convictions. State of Tennessee v. Kevin DeWitt Ford and Clifford Sylvester Wright, No. M2003-00957-CCA-R3-CD, 2005 WL 677280 (Tenn. Crim. App. Mar. 23, 2005) perm. app. denied, (Tenn. Oct. 24, 2005). Petitioner’s post-conviction relief petition was denied by the trial court. This Court affirmed. Kevin DeWitt Ford v. State of Tennessee, No. M2007-01727-CCA-R3-PC, 2009 WL 564226 (Tenn. Crim. App. Mar. 5, 2009) perm. app. denied (Tenn. June 15, 2009). The coram nobis court dismissed the petition, as amended, without an evidentiary hearing, on two bases. First, the petition was filed outside the applicable statue of limitations. Second, even if the petition had been timely field, it did not state a cognizable claim for a writ of error coram nobis. We affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Devarick D. Nicks
The appellant, Devarick D. Nicks, pled guilty in the Montgomery County Circuit Court to two counts of possession of .5 grams or more of cocaine with intent to sell or deliver. Pursuant to the plea agreement, the trial court was to determine the length and manner of service of the sentences. After a sentencing hearing, the appellant received an effective eight-year sentence to be served in the Tennessee Department of Correction (TDOC). The appellant contends on appeal that the trial court erred by ordering him to serve his sentences in confinement. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Larry A. Wade
Defendant, Larry Wade, was indicted by the Hamilton County Grand Jury for premeditated murder, felony murder, and especially aggravated robbery. Following a pretrial hearing on Defendant’s motion to suppress, which the trial court took under advisement, Defendant entered a guilty plea to second degree murder on the same day as the suppression hearing. Defendant subsequently filed a motion to withdraw his guilty plea, which the trial court denied after two separate hearings. On appeal, Defendant asserts that the trial court’s failure to rule on his motion to suppress prior to accepting his guilty plea violated his due process rights, and consequently, Defendant’s guilty plea was unknowingly and involuntarily entered, and Defendant asserts that it was a manifest injustice to deny Defendant’s motion to withdraw his guilty plea. After a careful review of the record, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
William Fisher v. Jerry Lester, Warden
The Petitioner, William Fisher, appeals from the Hickman County Circuit Court’s denial of his petition for the writ of habeas corpus. He contends that his sentence has expired. We affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
Francisco Miquel Jose v. State of Tennessee
The Petitioner, Francisco Miquel Jose,appeals from the Putnam County Criminal Court’s denial of his petition for post-conviction relief. On appeal, he contends that his 2004 guilty plea to misdemeanor theft of property was not knowingly made because he was not advised of the immigration consequences of his guilty plea, that the statute of limitations should be tolled because Padilla v. Kentucky, 130 S. Ct. 1473 (2010), announced a new rule of constitutional law that did not exist at the time of his plea, and that due process requires tolling of the statute of limitations due to the circumstances surrounding his guiltyplea. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Calvin D. Norris v. State of Tennessee
The Petitioner, Calvin D. Norris, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2007 conviction for possession with intent to sell one-half gram or less of cocaine and his ten-year sentence. On appeal, the Petitioner contends that his guilty plea was unknowing, involuntary, and unintelligent because he was denied the effective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark Takashi
A Knox County Criminal Court Jury convicted the appellant, Mark Takashi, of aggravated child abuse and aggravated child neglect, Class A felonies. The trial court merged the convictions, and the appellant received a twenty-five-year sentence to be served at 100%. On appeal, the appellant contends that the trial court erred by allowing him to represent himself at trial and that his sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals |
