State of Tennessee v. Donald King, Jr.
The Defendant, Donald King, Jr., pled guilty to three drug offenses (one Class C felony, one Class D felony, and one Class A misdemeanor), two habitual motor vehicle offender offenses, driving under the influence, and felony reckless endangerment. The plea agreement included an effective five year sentence, with the manner of service to be determined by the trial court. After a hearing, the trial court denied an alternative sentence and ordered the Defendant to serve his sentence in the Department of Correction. The Defendant now appeals, contending that the trial court erred in denying him an alternative sentence. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Mickey G. White
Following a jury trial, the defendant was convicted of aggravated burglary and sentenced as a Range II, multiple offender to nine years in the Tennessee Department of Correction. He timely appealed, arguing that the evidence presented was insufficient and that the trial court erred in instructing the jury as to criminal trespass as a lesser-included offense of aggravated burglary. Based upon our review, we affirm the judgment of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Gregory Ozier
The defendant, Gregory Ozier, an inmate at the Whiteville Correctional Facility, appeals an order transferring his custody to Illinois to face a charge of first degree murder in the Criminal Division of the Circuit Court of Cook County. Because the trial court properly granted the petition by the State of Illinois for custody of the defendant, the judgment is affirmed. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Albert Yarbrough
The defendant was convicted by a Shelby County Criminal Court jury of rape, a Class B felony, and sentenced by the trial court to fourteen years, at 100% as a violent offender, in the Tennessee Department of Correction. The sole issue he presents on appeal is whether the evidence was sufficient to support his conviction. Based upon our review of the record, we conclude that the evidence was sufficient for a rational trier of fact to find him guilty of the offense beyond a reasonable doubt. Accordingly, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Anthony Henderson
The Defendant, Kenneth Anthony Henderson, was convicted by a jury of second degree murder, attempted second degree murder, and aggravated assault. The trial court merged the attempted second degree murder and the aggravated assault convictions. The Defendant was sentenced to twenty-three years for the murder, and to eleven years for the attempted murder, with the terms to run consecutively. In this direct appeal the Defendant raises two issues: whether the evidence in support of his murder conviction is sufficient, and whether the trial court erred in failing to instruct the jury on certain lesser-included offenses. Finding that the trial court committed reversible error in failing to charge certain lesser-included offenses, we reverse the Defendant's convictions and remand this matter for a new trial. |
Davidson | Court of Criminal Appeals | |
Antione Harbison v. State of Tennessee
The petitioner, Antione Harbison, appeals the denial of post-conviction relief from the Davidson County Criminal Court. The petitioner pled guilty on August 13, 1999, to aggravated rape and attempted first degree murder. For the aggravated rape charge, the petitioner waived his sentence range, and the court sentenced him as a violent offender to thirty years with 100% of the sentence to be served. For the attempted first degree murder charge, the court sentenced the petitioner as a Range 1, standard offender and imposed a concurrent fifteen-year sentence. The petitioner appeals his denial of post-conviction relief, claiming that (1) his "defense counsel at the time of the plea was ineffective in failing to investigate [petitioner's] mental health and his ability to understand the nature of the charges against him, the guilty plea he entered, and the sentence he was to serve" and (2) the post-conviction court "erred in the post-conviction proceeding by denying [petitioner] an ex parte mental evaluation of the [petitioner's] competency by a private expert." |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Charles Johnson
Defendant, John Charles Johnson, was convicted by a Davidson County jury of second degree murder, especially aggravated robbery, and facilitation of aggravated kidnapping. The trial court sentenced him to consecutive sentences of twenty-five years for second degree murder and five years for facilitation of aggravated kidnapping, to be served concurrently with a twenty year sentence for especially aggravated robbery. On appeal, our Court affirmed the conviction and the lengths of each sentence, but reversed the order of consecutive sentencing and remanded to the trial court for a new hearing solely on the issue of consecutive or concurrent sentencing. See State v. John Charles Johnson, No. M2000-00529-CCA-R3-CD, 2000 WL 208512, Davidson County (Tenn. Crim. App., Nashville, March 1, 2001) perm to appeal denied (Tenn. 2001). On remand, the trial court resentenced Defendant to consecutive sentences of twenty five years for second degree murder and five years for facilitation of aggravated kidnapping. In this appeal, Defendant argues that the trial court erred by again ordering the sentences to be served consecutively. After a thorough review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Antwone Terry v. State of Tennessee
The petitioner, Antwone Terry, appeals the denial of his petition for post-conviction relief. In this appeal, the petitioner contends (1) that he did not receive the effective assistance of counsel and (2) that the state engaged in prosecutorial misconduct. The judgment of the trial court is affirmed. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Desi Boyd
Defendant pled guilty to two counts of unlawful possession of a Schedule VI controlled substance with intent to sell and deliver. On appeal, defendant contends that the trial court abused its discretion when it imposed a sentence of incarceration. Defendant also appeals the admission of certain hearsay evidence. We conclude there was no error and thus, affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Kelly Mezo
The defendant, Steven Kelly Mezo, who was charged with two counts of the aggravated sexual battery of his daughter, A.M., was convicted of one count of aggravated sexual battery and one count of assault. The trial court ordered concurrent sentences of eight years and 11 months and 29 days, respectively. In this appeal of right, the defendant asserts that (1) he was denied his constitutional right of assistance of counsel of his choosing; (2) he was denied the effective assistance of counsel with regard to a pre-trial settlement offer; (3) the evidence was insufficient; and (4) the trial court erred by admitting hearsay statements. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Faron Douglas Pierce
Defendant appeals his conviction for robbery. Defendant contends that (1) the evidence was insufficient to support the conviction and (2) that the trial court erred in admitting testimony regarding prior inconsistent statements. We affirm the trial court judgment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Alfred Freddie Wilcox
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Washington | Court of Criminal Appeals | |
State of Tennessee v. James Lee Parton
Defendant pled guilty to one count of aggravated vehicular homicide, a Class A felony, and two counts of vehicular assault, a Class D felony. Defendant was ordered to serve consecutive sentences of twenty-four years for aggravated vehicular homicide, and three years for each count of vehicular assault, for an effective sentence of thirty years. Defendant challenges his sentence, raising the following three issues on appeal: (1) whether the trial court erred by refusing to allow mitigation for Defendant's severe, debilitating alcoholism; (2) whether the trial court erred by imposing the near-maximum sentence on each conviction; and (3) whether the trial court erred by ordering all three sentences to be served consecutively. After a thorough review of the record, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Martin E. Walker v. State of Tennessee
The petitioner, Martin E. Walker, appeals the trial court's dismissal of his motion to correct or modify his sentence. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Binkley
A Rutherford County jury convicted the defendant, William Binkley, of criminal attempt to commit first-degree murder and reckless endangerment in connection with the shooting of the defendant's former girlfriend. The trial court sentenced the defendant as a Range I standard offender to 23 years in the Department of Correction for the attempted first-degree murder conviction and to two years for the reckless endangerment conviction. The sentences were ordered to be served consecutively for an effective sentence of 25 years. Primarily aggrieved that he was not allowed to offer expert testimony about his mental responsibility, the defendant appeals the trial court's evidentiary ruling. Secondarily, he questions the sufficiency of the evidence, and he complains that all relevant lesser-included offenses were not included in the jury instructions. Based upon our review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Mark Springer v. State of Tennessee
Petitioner, Mark Springer, appeals the denial of his petition for post-conviction relief. He asserts that his guilty plea was not knowingly and voluntarily entered due to ineffective assistance of counsel during the plea process. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Frank E. Huey, Ronnie Finch & Jeffrey L. Gills
On October 13, 1998, the three Defendants, Frank E. Huey, Ronnie Finch, and Jeffrey L. Gills, were indicted by a Davidson County grand jury for one count of first degree murder, two counts of attempted first degree murder, two counts of aggravated assault, and one count of felony reckless endangerment. After a jury trial, Defendants Huey and Gills were each convicted of one count of facilitation of first degree murder, two counts of facilitation of attempted first degree murder, two counts of aggravated assault, and one count of felony reckless endangerment. Defendant Finch was convicted of one count of facilitation of first degree murder, two counts of facilitation of attempted first degree murder, and two counts of facilitation of aggravated assault. The trial court conducted a sentencing hearing and sentenced Defendants Huey and Gills to effective sentences of 51 years and Defendant Finch to an effective sentence of 49 years. On appeal, all three Defendants contend that (1) the evidence was insufficient to support the jury's verdict as evidenced by all three Defendants being convicted of facilitation and none of them convicted of murder, and (2) the sentences imposed by the trial court were excessive. In addition, Defendants Huey and Finch allege that the trial court erred by admitting evidence of previous altercations between the Defendants and the victims. Defendant Finch further contends that the trial court committed plain error by taking his motion for judgment of acquittal under advisement at the conclusion of the State's proof. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Dale Wesley Bell v. State of Tennessee
The Appellant, Dale Wesley Bell, appeals from the dismissal of his petition for post-conviction relief. In 1999, Bell pled guilty to nine counts of aggravated burglary and one count of theft in excess of $10,000. Bell, a Range III Persistent Offender, received an effective fifteen-year sentence to be served in the Department of Correction. On appeal, Bell challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the McNairy County Circuit Court dismissing the petition. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Arthur M. Mefford
Defendant appeals the trial court's denial of alternative sentencing. The record on appeal is insufficient in that there is no transcript of defendant's guilty plea hearing or other evidence to review. We, therefore, dismiss the appeal. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Adrian Dee Clark
The Defendant, Adrian Dee Clark, pled guilty to one count of aggravated assault. After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to serve five (5) years in the Department of Correction. On appeal, the Defendant contends that the trial court erred by (1) sentencing him to five years and (2) denying him probation or alternative sentencing. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Aaron Burton v. State of Tennessee
The Defendant, Aaron Burton, pled guilty to second degree murder in 1997. He subsequently filed for post-conviction relief, alleging ineffective assistance of counsel. After a hearing, the Defendant's petition was denied, and this Court affirmed the trial court's judgment. See Aaron Burton v. State, No. E1999-01616-CCA-R3-CD (Tenn. Crim. App., Knoxville, March 31, 2000). The Defendant subsequently filed the instant proceeding, styled "Petition for Post-Conviction Relief and/or to Reopen." Finding that the Defendant failed to establish any grounds for reopening his previous petition, the trial court denied relief. The Defendant now appeals. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jerry McGaha
The Defendant, Jerry McGaha, pled guilty, pursuant to a plea agreement, to nine counts of rape of a child. After a sentencing hearing, the trial court sentenced the Defendant to twenty-five years for each count with counts one through seven running concurrently with each other and counts eight and nine running concurrently with each other. However, counts eight and nine were to be served consecutively to counts one through seven. On appeal the Defendant contends that the trial court erred in sentencing him to twenty-five (25) years on each count and in ordering counts eight and nine to be served consecutively to counts one through seven. We modify the sentences imposed by the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Kathy Jane Giles
The Appellant, Kathy Jane Giles, was convicted by a Henry County jury of DUI, unlawful possession of a weapon, possession of drug paraphernalia, and four counts of felony possession of a controlled substance with the intent to deliver or sell. For these convictions, Giles received an effective three-year Community Corrections sentence with one year to be served in confinement. On appeal, Giles raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support the convictions; and (2) whether she received ineffective assistance of counsel at trial. After review, we find no error and affirm the judgment. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Randy G. McDaniel
The defendant entered pleas of guilty to two counts of manufacturing a Schedule II controlled substance and was sentenced to concurrent three-year sentences. The trial court further ordered that the defendant have split confinement, with supervised probation after serving one year in the Tennessee Department of Correction. The defendant appeals this sentence, arguing that he should be eligible for parole after service of 30% of the sentence, that his sentence should be served at the county workhouse, and that he should receive sentence credits. We affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Rodney K. Moore
The Appellant, Rodney K. Moore, was convicted by a Shelby County jury of sale of cocaine less than .5 grams, a class C felony. Moore was sentenced as a Range II offender, to ten years in the Department of Correction. He now appeals his conviction and sentence, raising the following issues for our review: (1) whether there was sufficient evidence presented at trial to support the conviction; (2) whether there was cumulative error sufficient to justify a new trial; and (3) whether the trial court erred by sentencing Moore to serve the maximum sentence within his range. After review, we find no error and affirm the judgment. |
Shelby | Court of Criminal Appeals |
