State of Tennessee v. Dave Long
After entering a plea of guilty, the Defendant, Dave Long, was convicted of one count of burglary, a Class D felony. Pursuant to a plea agreement, the Defendant was to be sentenced to six years as a Range II, multiple offender, with the trial court to establish the manner of service. Following a sentencing hearing, the trial court ordered the Defendant serve his entire sentence with the Tennessee Department of Correction (TDOC). On appeal, the Defendant argues that the trial court erred in denying him probation or other alternative sentencing. We affirm the judgment of the trial court. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Patrick Lamont Barker
The Defendant, Patrick Lamont Barker, pled guilty to two counts of the sale of .5 grams or more of a schedule II controlled substance. The trial court sentenced him to eight years on each conviction and ordered that the sentences run concurrently and be served in community corrections. The Defendant violated the terms of his community corrections sentence, and the trial court ordered the Defendant to serve the remainder of his sentence in prison. The Defendant now appeals. Finding no error in the judgment of the trial court, we affirm the Defendant's sentence. |
Montgomery | Court of Criminal Appeals | |
Jonathan Malcolm Malone v. State of Tennessee
The Defendant, Jonathan Malcolm Malone, pled guilty to several offenses in two separate cases, the second of which was for an offense committed while he was out on bail for the first offenses. The trial court sentenced him to consecutive sentences, and awarded pretrial jail credit towards the sentences in the first case. The Defendant petitioned for the jail credit to be applied toward the sentence in his second case, and the trial court denied his request. The Defendant now appeals. Because we have concluded that the Tennessee Rules of Appellate Procedure do not provide the Defendant a Rule 3 Appeal as of Right, we dismiss the Defendant's appeal. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Anthony James Shearer
An Obion County Circuit Court jury convicted the defendant, Anthony Shearer, of possession with intent to deliver one-half gram or more of cocaine, a Class B felony, and the trial court sentenced him to nine years in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that his sentence is excessive. We affirm the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Clarence Mabon
A Shelby County Criminal Court jury convicted the defendant, Clarence Mabon, of two counts of aggravated robbery, a Class B felony. The trial court merged the two offenses and sentenced him as a Range I, standard offender to eight years in the Department of Correction. On appeal, the defendant contends that the evidence is not sufficient to support his conviction and that a fatal variance exists between the indictment and the proof presented at trial. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. JoAnn White Pogue
The appellant, Joann White Pogue, pled guilty in the Marshall County Circuit Court to five counts of delivery of morphine and five counts of selling morphine, Class C felonies. The trial court merged each delivery conviction into a conviction for selling morphine and sentenced the appellant to an effective nine-year sentence in the Department of Correction (DOC). On appeal, the appellant claims the trial court improperly enhanced her sentences and improperly concluded that she was not entitled to the presumption that she was a favorable candidate for alternative sentencing. We agree that the trial court improperly applied enhancement factors and that the appellant was entitled to the presumption. Upon review of the record and the parties' briefs, we conclude that the trial court erred in its sentencing determinations and remand for resentencing. |
Marshall | Court of Criminal Appeals | |
Edward Jerome Johnson v. State of Tennessee
Petitioner, Edward Jerome Jones, filed a pro se petition for post-conviction relief, as amended after the appointment of counsel, arguing that he received ineffective assistance of counsel in connection with the negotiation and entry of Petitioner's best interest plea. Specifically, Petitioner alleges that his trial counsel failed to advise him of the evidence against him or allow him to listen to certain audio tapes, and that trial counsel failed to file a motion to dismiss the charges against Petitioner. After a review of the record in this matter, we affirm the trial court's dismissal of Petitioner's petition for post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Gene Mayfield
The Appellant, Robert Gene Mayfield, presents for review a certified question of law. See Tenn. R. Crim. P. 37(b)(2)(i). Mayfield pled guilty to felony possession of over .5 grams of cocaine with the intent to sell and felony possession of over one-half ounce of marijuana with the intent to sell. He was subsequently sentenced to an effective eight-year sentence to be served on probation. As a condition of his guilty plea, Mayfield explicitly reserved a certified question of law challenging the denial of his motion to suppress evidence found during the execution of a search warrant at his residence. Mayfield argues that the affidavit given in support of the warrant was insufficient to establish probable cause. After review of the record, we affirm the judgment of the Montgomery County Circuit Court denying the motion to suppress. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Lucian Henry Marshall, III
The appellant, Lucian Henry Marshall, III, appeals the order of the Sumner County Criminal Court, signed by appellant's counsel, agreeing to the disposition of money and his vehicle which had been seized pursuant to a forfeiture warrant. Alleging he was not properly informed of the procedure for recovering his seized assets, the appellant asks us to void the agreed order. We affirm the order of the trial court. |
Sumner | Court of Criminal Appeals | |
Richard L. Elliott v. State of Tennessee
On March 2, 2004, the Montgomery County Circuit Court, after conducting an evidentiary hearing on the claims presented, entered an order dismissing Richard L. Elliott's petition for post-conviction relief. On March 5, 2004, Elliott filed an "Amended Petition" alleging that because his post-conviction counsel failed to raise a requested claim for relief at the evidentiary hearing, he was entitled to a hearing on the omitted claim. Elliott's "Amended Petition" was summarily dismissed by the post-conviction court. After review, we affirm the trial court's dismissal of the amended petition for post-conviction relief. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Courtney Means
The defendant, Courtney Means, was convicted by a Shelby County Criminal Court jury of eight counts of aggravated robbery, a Class B felony, based on three separate incidents involving four victims. After merging the separate counts involving the same victim, the trial court sentenced the defendant as a Range I, standard offender to nine years for each of the remaining four convictions, with two of the sentences to be served consecutively, for an effective sentence of eighteen years in the Department of Correction. In this timely appeal as of right, the defendant challenges both the trial court’s application of enhancement factors to increase his sentences beyond the eight-year minimum for his range and its imposition of consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bruce Warren Scarborogh
The appellant, Bruce Warren Scarborough, was charged in the Knox County Criminal Court with four counts of aggravated rape. He filed a motion to suppress DNA evidence linking him to the crimes, and the trial court denied the motion. From the trial court's order, the appellant now brings this interlocutory appeal, arguing that the DNA evidence was obtained in violation of his right to be free from unreasonable searches and seizures as provided by the Fourth Amendment to the United States Constitution and Article I, Section 7 of the Tennessee Constitution. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Prentice C. Calloway
Defendant was indicted for carjacking in count one; for theft of property over $10,000 but less than $60,000 in count two; for unlawful possession of a weapon in count three; for felony possession of an unlawful weapon in count four; for evading arrest while operating a motor vehicle in count five; for misdemeanor evading arrest in count six; for resisting arrest in count seven; for driving with a revoked license in count eight; and for criminal trespass in count nine. Prior to trial, the State dismissed counts three, eight and nine, and the remaining counts were renumbered accordingly. Following a jury trial, Defendant was found guilty of the lesser included offense of misdemeanor theft (as renumbered) in count one; guilty of Class C felony theft of property in count two; not guilty of possession of an unlawful weapon in count three; guilty of Class D felony evading arrest in count four; guilty of misdemeanor evading arrest in count five; and guilty of resisting arrest in count six. The trial court merged Defendant's conviction for misdemeanor theft in count one into his conviction for Class C felony theft of property in count two. The trial court sentenced Defendant as a Range II multiple offender to ten years for the theft conviction, eight years for the felony evading arrest conviction; eleven months, twenty-nine days for the misdemeanor evading arrest conviction; and eleven months, twenty-nine days for the resisting arrest conviction. The trial court ordered all of Defendant's sentences to be served consecutively for an effective sentence of 19 years, 10 months and fifty-eight days. On appeal, Defendant argues (1) that the evidence is insufficient to support his conviction for felony evading arrest in count four; (2) that the trial court erred in not merging Defendant's convictions for felony evading arrest and misdemeanor evading arrest in counts four and five; (3) that the trial court erred in determining the length of Defendant's sentences; and (4) that the trial court erred in ordering the sentences to be served consecutively. Defendant does not challenge the sufficiency of the evidence to support his felony theft or misdemeanor resisting arrest convictions. After a thorough review of the record, we modify Defendant's conviction for evading arrest from a Class D felony to a Class E felony, and impose a sentence of four years. We merge Defendant's misdemeanor evading arrest conviction with his Class E felony evading arrest conviction. We affirm Defendant's conviction and sentence for his Class C theft offense and his misdemeanor resisting arrest offense, and the trial court's imposition of consecutive sentencing, for an effective sentence, as modified, of fourteen years, eleven months and twenty-nine days. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Larita Lyons
A Davidson County jury convicted the Defendant, Larita Lyons, of robbery, and the trial court sentenced her to serve five years in the workhouse. On appeal, the Defendant contends that the evidence is insufficient to sustain her conviction. Finding no reversible error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randall D.Bennett
The defendant, Randall D. Bennett, appeals the revocation of his probation, arguing that the trial court erred in revoking his probation based on the uncorroborated testimony of the defendant's probation officer. Following our review, we affirm the order of the trial court. |
Davidson | Court of Criminal Appeals | |
LaBryant King v. State of Tennessee
The Defendant, LaBryant King, pled guilty in 1998 to one count of selling over .5 grams of cocaine within 1,000 feet of a school, a Class A felony. The Defendant agreed to be sentenced as a Range I offender to fifteen years. The Defendant subsequently filed for post-conviction relief raising challenges to his indictment, conviction and sentence. After a hearing the trial court denied relief, and this appeal followed. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Clarence W. Carter
The Defendant, Clarence W. Carter, was tried and convicted of one count of conspiracy to sell cocaine and one count of possession of cocaine. He was sentenced as a Range II, multiple offender to consecutive sentences of thirty-two years for the conspiracy conviction and sixteen years for the possession conviction. This Court affirmed the Defendant's convictions and sentences on direct appeal. See State v. Clarence W. Carter, No. M2000-02230-CCA-R3-CD, 2002 WL 31370469 (Tenn. Crim. App., Nashville, Oct. 21, 2002). The Tennessee Supreme Court granted review, and upheld the Defendant's convictions and sentence on the possession conviction, but determined the trial court committed error in sentencing the Defendant as a Range II offender for his conspiracy conviction when he did not receive notice of intent to seek enhanced punishment by the State in the superceding indictment under which he was tried. See State v. Carter, 121 S.W.3d 579 (Tenn. 2003). Upon remand, the Defendant was re-sentenced on his conspiracy conviction as a Range I, standard offender to twenty-five years imprisonment to be served consecutively to his prior sentences. In this appeal the Defendant raises two issues, claiming that upon re-sentencing the trial court erred by: 1) imposing an excessive sentence for his conspiracy conviction, and 2) imposing consecutive sentencing. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tony Evans
The defendant, Tony Evans, pled guilty to unlawful possession of .5 grams or more of cocaine with the intent to sell. He was sentenced to six years in a community corrections program but was later placed on probation. Thereafter, the trial court revoked the defendant’s probation and ordered him to serve the remainder of his six-year sentence. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Thomas Dee Huskey
The state has appealed the Knox County Criminal Court's suppression of statements made to police by the defendant, Thomas Dee Huskey, and of items found and seized from his home. The state contends that (1) the trial court erred as a matter of law in suppressing the statements and (2) the trial court erred in suppressing the items found at the home (a) because the police arrested the defendant in good faith reliance upon a capias which subsequently was declared void and (b) because the defendant's father consented to a search of the defendant's room. The defendant asserts that if the state's appeal is successful, then he contends that the trial court erred in prior rulings denying suppression of his statements and the items seized from his home on other myriad grounds raised by the defendant. We affirm the trial court. |
Knox | Court of Criminal Appeals | |
David Lackey v. State of Tennessee
The petitioner appeals the summary dismissal of his petition for post-conviction relief, arguing that he should have been appointed post-conviction counsel and given an evidentiary hearing. Following our review, we remand this matter to the post-conviction court to determine whether the petitioner’s right to due process of law requires that the petition be considered regardless of its untimeliness. |
Davidson | Court of Criminal Appeals | |
Terry Lee Robinson v. State of Tennessee
The petitioner, Terry Lee Robinson, was convicted in the Davidson County Criminal Court of first degree murder and received a life sentence. Following an unsuccessful appeal of his conviction, the petitioner filed a petition for post-conviction relief, alleging ineffective assistance of counsel at trial. The petitioner now brings this appeal challenging the post-conviction court's denial of his petition. After reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Frank Robert Bigsby v. State of Tennessee
The petitioner was convicted of possession of twenty-six (26) grams or more of cocaine with intent to deliver. He appealed this conviction. We affirmed his conviction in State v. Bigsby, 40 S.W.3d 87 (Tenn. Crim. App. 2000). The petitioner then filed a petition for post-conviction relief. The trial |
Rutherford | Court of Criminal Appeals | |
Kenneth Strickland v. State of Tennessee
The Defendant, Kenneth Strickland, was convicted by a jury of possession of .5 grams or more of cocaine with the intent to sell or deliver, and sentenced to twelve years in the Department of Correction. The judgment against the Defendant was affirmed on direct appeal. See State v. Kenneth Strickland, No. M2002-00543-CCA-R3-CD, 2003 WL 21997739 (Tenn. Crim. App., Nashville, Aug. 22, 2003). The Defendant subsequently filed for post-conviction relief claiming that he had been denied the effective assistance of counsel at trial. After an evidentiary hearing the trial court denied relief and this appeal followed. We affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Andrew Charles Helton v. State of Tennessee
Petitioner, Andrew Charles Helton, filed a pro se petition for post-conviction relief, which was amended after appointment of counsel. Following an evidentiary hearing, the trial court dismissed the petition. On appeal, Petitioner argues (1) that the prosecutor misrepresented to the jury during closing argument evidence concerning the 911 tape; (2) that the prosecutor improperly pointed the murder weapon at the jury during closing argument; (3) that his trial counsel was ineffective for failing to object to the prosecutorial misconduct which occurred during closing argument; and (4) that his trial counsel provided ineffective assistance when he objected to the jury's request during deliberations to review the tape of a neighbor's call to the 911 operator on the night of the shootings. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Domingo Ponce v. State of Tennessee
The Petitioner, Domingo Ponce, filed a petition for writ of error coram nobis, which the trial court summarily dismissed. On appeal, the Petitioner contends that the trial court erred when it dismissed his petition. Finding no reversible error, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals |
