State of Tennessee v. Lamonn Lee Harris
The defendant, Lamonn Lee Harris, entered an open guilty plea to fourteen counts of forgery, Class E felonies, and one count of theft less than $500.00, a Class A misdemeanor. He was sentenced to an effective sentence of six years as a Range I, standard offender. On appeal, he argues that the trial court erred in denying alternative sentencing and in imposing an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Ricky Estes
The defendant, Ricky Estes, was convicted of burglary of an automobile, theft under $500.00, and possession of drug paraphernalia. The trial court sentenced the defendant as a multiple offender to four years, eleven months, and twenty-nine days. On appeal, the defendant raises the following issues: (1) whether the trial court erred in denying his pre-trial motion for a continuance; (2) whether the evidence is sufficient to support his convictions; and (3) whether the trial court erred in sentencing the defendant. Upon review, we affirm the judgments of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. William F. Cain
The Appellant, William F. Cain, was convicted of misdemeanor stalking and sentenced to eleven months and twenty-nine days in the county jail. On appeal, Cain raises two issues for our review: (1) whether the evidence is sufficient to support the conviction and (2) whether he should have received a suspended sentence. After review, the judgment of conviction and sentence are affirmed. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Christopher Ebbs, alias
The appellant, Chris Ebbs, pled guilty in May of 1996 to attempted aggravated sexual battery and was sentenced to six (6) years in the Department of Correction. The trial court suspended the sentence to probation for six (6) years conditioned upon various requirements. In June of 2001, a probation violation warrant was filed. As a result, the trial court revoked the appellant's suspended sentence and ordered the appellant to serve the six-year sentence in confinement. On appeal, the appellant challenges the trial court's decision to revoke probation. After a review of the record and applicable legal authorities we conclude the judgment of the trial court must be affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ericonta Daman Flenoid
The appellant, Ericonta Daman Flenoid, pled guilty in the Sumner County Criminal Court to aggravated burglary and robbery. He received a total effective sentence of ten years, with one year to be served in confinement and the remainder on probation. Subsequently, the trial court revoked the appellant's probation, finding that the appellant failed to comply with the terms of probation. The trial court ordered the appellant to serve his sentences in confinement. The appellant appeals. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Ericonta Daman Flenoid
The appellant, Ericonta Daman Flenoid, pled guilty in the Sumner County Criminal Court to aggravated burglary and robbery. He received a total effective sentence of ten years, with one year to be served in confinement and the remainder on probation. Subsequently, the trial court revoked the appellant's probation, finding that the appellant failed to comply with the terms of probation. The trial court ordered the appellant to serve his sentences in confinement. The appellant appeals. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Wayford Demonbreun, Jr.
The petitioner, Wayford Demonbreun, Jr., appeals from the trial court's dismissal of his pro se petition for writ of habeas corpus. Following our review, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Chester Floyd Cole
A Madison County Circuit Court jury convicted the defendant, Chester Floyd Cole, of incest, a Class C felony, and assault, a Class B misdemeanor, and the trial court sentenced him as a Range I, standard offender to five years for the incest and six months for the assault1 to be served concurrently in the Department of Correction. The defendant appeals, claiming the trial court erred in failing to dismiss the incest count pursuant to Rule 8, Tenn. R. Crim. P., and State v. Dominy, 67 S.W.3d 822 (Tenn. Crim. App. 2001), and that his sentence is excessive. We affirm the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Mack T. Transou
The defendant, Mack T. Transou, stands convicted of rape and sexual battery, for which he received an effective sixteen-year sentence. Aggrieved of his convictions and sentence, the defendant brings the instant appeal challenging the trial court’s denial of his motion to suppress DNA evidence and the imposition of his sentence in violation of his right to trial by jury. Following our review upon the record, we affirm the defendant’s convictions and sentence. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Beverly Dixon
The defendant, Beverly Dixon, pleaded guilty to one count of felony Class B theft of property over $60,000. The trial court imposed an incarcerative eight-year sentence and denied any form of alternative sentencing. On appeal, the defendant argues that the sentencing process was flawed by the introduction of prejudicial hearsay and that the trial court should have granted probation or placement into a community corrections program. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Erskin McCullough
The Defendant, James Erskin McCullough, pled guilty to various offenses, and, while he was on probation for these convictions, a probation violation report was filed, stating that the Defendant failed to report to his probation officer and was arrested for theft. After a hearing, the trial court revoked the Defendant's probation, and it ordered that the Defendant serve the remainder of his sentence in prison. On appeal, the Defendant contends that the evidence is insufficient to revoke the Defendant's probation, and, therefore, the trial court abused its discretion by revoking his probation. After thoroughly reviewing the record and the applicable authorities, we affirm the trial court's judgment. |
Hamilton | Court of Criminal Appeals | |
Jeffrey Lynn Myers v. State of Tennessee
This is an appeal as of right from the denial of post-conviction relief. The Defendant, Jeffrey Lynn Myers, was convicted of one count of attempted rape upon entry of a best-interest guilty plea. He was sentenced to six years' imprisonment as a Range I, standard offender. The Defendant filed a petition for post-conviction relief and received an evidentiary hearing. The trial court subsequently denied the Defendant's petition, and he now appeals to this Court. He argues multiple issues, all of which we find to have been waived because the claims are either (1) not proper issues for a post-conviction proceeding, (2) not properly preserved for appeal, or (3) not reviewable due to an incomplete record. We affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Roland R. Smith
The Defendant, Roland R. Smith, was convicted by a jury of nine counts of statutory rape and three counts of especially aggravated sexual exploitation of a minor. The trial court sentenced the Defendant to two years on each of the statutory rape convictions and eleven years on each of the sexual exploitation convictions. The sentences were ordered to be served in such fashion as to result in an effective term of seventeen years in the Department of Correction. In this direct appeal, the Defendant raises the following issues: 1) whether the evidence is sufficient to support certain of his convictions of statutory rape; 2) whether certain of the Defendant's convictions must be reversed under the doctrine of election of offenses; 3) whether certain of the Defendant's convictions violate principles of double jeopardy; 4) whether the trial court erred in refusing to sever some of the offenses; and 5) whether the Defendant's sentence is excessive. We reverse and remand for retrial the Defendant's convictions of statutory rape arising out of Counts Four, Five, Eight and Nine. We reverse and dismiss the Defendant's conviction of statutory rape arising out of Count Six. The Defendant's effective sentence is thereby modified to fifteen years. In all other respects, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Augustine John Lopez, III
The Appellant, Augustine John Lopez, III, was convicted by a Davidson County jury of first degree felony murder and theft of property over $1000 and subsequently received concurrent sentences of life imprisonment and five years for the respective convictions. On appeal, Lopez raises four issues for our review: (1) whether the evidence is sufficient to support the convictions: (2) whether the trial court erred in allowing testimony by a police officer concerning fingerprint evidence; (3) whether the trial court erred in excluding the hearsay statements of a witness which indicated her possible involvement in the murder; and (4) whether the trial court's sequential jury instruction was error. After review of the record, the judgments of conviction are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Wayne Fountain
The defendant, David Wayne Fountain, appeals from the Rhea County Circuit Court’s revocation of his probation. Because the record supports the revocation of probation, we affirm the revocation; however, to avoid a length of confinement that exceeds the defendant’s release eligibility as a Range I offender, we modify the post-revocation terms of the manner of service of the defendant’s two-year sentence. |
Rhea | Court of Criminal Appeals | |
Archie L. Miller v. State of Tennessee
The petitioner, Archie L. Miller, appeals the Sullivan County Criminal Court's dismissal of his petition for post-conviction relief in which he challenged his three 2002 convictions of selling cocaine. The post-conviction court appointed counsel, who filed an amended petition, and the court conducted an evidentiary hearing. Following the hearing, the court found that the petitioner failed to establish the ineffective assistance of trial counsel and denied post-conviction relief. We affirm the action of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
Benjamin Hernandez v. State of Tennessee
The petitioner appeals the denial of his petition for post-conviction relief, challenging: (1) the jury instruction given on the mens rea term "knowingly," and (2) the trial court's failure to instruct on the lesser included offenses of aggravated assault and assault. Upon review, we conclude that the issues are waived for failure to provide a completed record on appeal. Furthermore, notwithstanding waiver, the errors were harmless beyond a reasonable doubt. Therefore, we affirm the denial of post-conviction relief. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Hayes
The Appellant, Kenneth Hayes, appeals the revocation of his probation by the Davidson County Criminal Court. In 1997, Hayes pled guilty to felony possession of cocaine and was sentenced to a term of eight years with service of one year in confinement followed by supervised probation. In 2004, a probation violation warrant was issued alleging that Hayes violated probation by possessing cocaine. At the revocation hearing, Hayes sought suppression of the cocaine upon grounds that it was illegally seized. The trial court found that the police search was valid and revoked Hayes' suspended sentence. After review, we conclude that the cocaine was illegally seized. Notwithstanding, we further conclude that in the absence of police harassment or that the evidence was obtained in a particularly offensive manner, the exclusionary rule is not applicable to probation revocation proceedings. Accordingly, the order of revocation is affirmed. |
Davidson | Court of Criminal Appeals | |
Jason Ray Taylor v. State of Tennessee
The Defendant, Jason Ray Taylor, pled guilty to aggravated burglary, burglary, two counts of vandalism and three counts of forgery. He subsequently filed for post-conviction relief alleging ineffective assistance of counsel. After an evidentiary hearing, the trial court denied relief; this appeal followed. We affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Kennath Henderson v. State of Tennessee
The petitioner, Kennath Henderson, appeals as of right from the May 21, 2003 judgment of the Fayette County Circuit Court denying his petition for post-conviction relief. The petitioner entered guilty pleas to first degree premeditated murder, two (2) counts of especially aggravated |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Lorenzo Malone
A Wilson County jury convicted the defendant, Lorenzo Malone, for first degree felony murder under the theory of criminal responsibility. The trial court sentenced him to life with the possibility of parole. On appeal, he argues that the trial court erred by: (1) refusing to strike a potential juror for cause; (2) admitting photographs of the victim and a videotape into evidence; and (3) failing to grant a mistrial based upon impropriety in the State's closing argument. We affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Jason Allen Ruiz
The Appellant, Jason Allen Ruiz, appeals the sentencing decision of the Marshall County Circuit Court denying his motion for suspension of his sentence. Following a guilty plea to Class B felony sale of cocaine, Ruiz received an eight-year sentence with service of one year in confinement. At the sentencing hearing, Ruiz refused to name his drug sources. At the conclusion of the hearing, the trial court informed Ruiz that after serving 120 days in jail, the remainder of his incarceration period would be suspended if he revealed the names of those who supplied him drugs. Ruiz petitioned for suspension of his sentence after serving 120 days in confinement. He persisted, however, in his refusal to identify his drug sources because he feared retaliation. Ruiz's motion for suspension of his sentence was denied. After de novo review, we conclude that the trial court improperly considered Ruiz's refusal to reveal his drug sources. Accordingly, the judgment of the trial court is reversed, and the balance of the Appellant's sentence of incarceration is suspended. |
Marshall | Court of Criminal Appeals | |
Quinton G. Stewart v. State of Tennessee
The petitioner appeals from the trial court's dismissal of his pro se petition for writ of habeas corpus. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Norris Ray
Following a jury trial, Defendant, Norris Ray, was convicted of one count of unlawful possession of a handgun; one count of first degree felony murder; and one count of especially aggravated kidnapping. Defendant was sentenced to life with the possibility of parole on the felony murder conviction. The trial court sentenced Defendant as a Range II, multiple offender, to forty years for the especially aggravated kidnapping conviction and as a Range II, multiple offender, to four years for the felony possession of a handgun conviction. The trial court ordered Defendant’s sentences to be served consecutively for an effective sentence of life plus forty-four years. On appeal, Defendant argues (1) that the evidence is insufficient to identify him as the perpetrator of the offenses; (2) that the trial court erred by not allowing the impeachment of the testimony of the victim of especially aggravated kidnapping with evidence of the victim’s misdemeanor drug convictions; and (3) that the trial court erred in determining the length of Defendant’s sentences and in imposing consecutive sentencing. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Darrell Toomes
A Lauderdale County Circuit Court jury convicted the defendant, Darrell Toomes, of robbery, a Class C felony. The trial court sentenced him as a Range I, standard offender to five years in the Department of Correction. On appeal, the defendant contends (1) that the evidence is insufficient to convict him as the perpetrator, (2) that the trial court erred by denying his motion to suppress evidence relating to a photograph array and a subsequent in-court identification of him, and (3) that his sentence is excessive. We affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals |
