COURT OF CRIMINAL APPEALS OPINIONS

In Hicks v. State, 945 S.W.2D 706 (Tenn. 1997), The Supreme Court Held That
01-9808-CC-00354

State vs. Carlos Haywood
02C01-9707-CR-00289
Trial Court Judge: John P. Colton, Jr.

State vs. Johnny Lawrence
02C01-9709-CR-00344

State vs. Jeremy Amis
01C01-9709-CC-00385

01C01-9710-CC-00505
01C01-9710-CC-00505
Trial Court Judge: Allen W. Wallace

Mark Higgins vs State
01C01-9711-CC-00513

James Majors vs. State
01C01-9804-CR-00172
Trial Court Judge: Jane W. Wheatcraft

Ricky Melvin vs State
01C01-9707-CR-00264

State vs. Perez
03C01-9603-CC-00134
Trial Court Judge: D. Kelly Thomas, Jr.

Cannon vs. State
03C01-9801-CC-00012
Trial Court Judge: J. Curtis Smith

03C01-9601-CC-00029
03C01-9601-CC-00029
Trial Court Judge: James Curtis Smith

State vs. Rathal Perkins
02C01-9708-CC-00325

State vs. William Bucy
02C01-9709-CC-00363
Trial Court Judge: Julian P. Guinn

State vs. George Washington
02C01-9710-CR-00408

State vs. Walter Wilson
02C01-9710-CR-00412

State vs. David Cliff
02C01-9711-CC-00450

State vs. Ronnie Graham
02C01-9711-CR-00444

State vs. Darryl Bailey
02C01-9506-CR-00176

Martin R. Craddock vs. State of Tennessee
01C01-9704-CR-00161
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Martin R. Craddock, appeals as of right from the Davidson County Criminal Court’s denial of habeas corpus relief. He is presently in the custody of the Department of Correction serving a Range I sentence of ten years for his conviction of aggravated sexual battery in 1995. He contends that he received ineffective assistance of counsel and that the judgment entered against him is void because the indictment for aggravated sexual battery fails to allege the mens rea for the offense. We affirm the dismissal of the petition.

State of Tennessee vs. Michael Brent Cook
01C01-9710-CR-00495
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendant, Michael Brent Cook, appeals as of right from the revocation of his probation by the Sumner County Criminal Court. He contends that the trial court abused its discretion in revoking his proba tion. We affirm the judgment of the trial court.

State of Tennessee vs. Sheryl Pendergrass
01C01-9708-CR-00359
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Sheryl L. Pendergrass, appeals a certified question of law pursuant to Rule 37(b)(2)(I), Tennessee Rules of Criminal Procedure. In the Sumner County Criminal Court, the defendant pleaded guilty to three drug offenses, subject to reservation of the certified question. In her certified question, the defendant contends that law enforcement officers infringed on her rights to be free of unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution and article 1, section 7 of the Tennessee Constitution. We affirm the judgment of the trial court.

State of Tennessee vs. Michael T. Keen
01C01-9710-CR-00454
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jane W. Wheatcraft

Michael T. Keen, the Defendant, appeals as of right following his sentencing hearing in the Sum ner County Criminal Court. Defendant was indicted for vehicular homicide and DUI, second offense. In an agreement with the State, Defendant pled guilty to vehicular homicide, a Class B felony, and agreed to an eight (8) year sentence, with the trial court to determine the manner of service of the sente nce. Following his sentencing hearing, the trial court orde red Defendant to serve eight (8) years in the Tennessee Department of Correction. In his appeal, Defendant argues that the trial court erred in refusing to grant an alterna tive sentence. We affirm the judgment of the trial court.

State of Tennessee v. Darrell Wentzel
01C01-9705-CC-00193
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Donald P. Harris

On December 6, 1996, a W illiamson County jury convicted Appellant, Darrell Wentzel, of two counts of aggravated robbery, one count of aggravated burglary, and one count of aggravated kidnapping. After a sentencing hearing on January 31, 1997, Appellant was sentenced to twelve years for each count of aggravated robbery, twelve years for aggravated kidnapping, and six years for aggravated burglary, with all sentenc es to be served concurrently. On February 18, 1997, Appellant filed a motion for judgment of acquittal or, in the alternative, a motion for a new trial, claiming that the evidence was insufficient for a conviction, that the aggravating kidnapping conviction should be dismissed because it was incidental to the robbery, that several of the trial court’s evidentiary rulings were erroneous, and that the trial court had misapplied enhancement factors to arrive at maximum sentences on all four convictions.  The trial court denied the motion. Appellant challenges both his convictions and his sentence, raising the following issues:

1) whether the trial court comm itted plain error by adm itting the in-court identification of the Appellant by Mary Ethel Veach;

2) whether there was sufficient evidence to corroborate the accomplice testimony of Edward Mitchem;

3) whether Appellant’s convictions for two counts of aggravated robbery constituted dou ble jeopardy;

4) whether the trial court correctly rejected Appellant’s argument that he could not be convicted of aggravated kidnapping because it was only incidental to the robbery;

5) whether the trial court correctly sentenced the Appellant.

After a review of the record, we affirm the judgment of the trial court.

Jimmy Jones, Jr. vs. State of Tennessee
01C01-9804-CR-00162
Authoring Judge: Judge L. T. Lafferty
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989).

State of Tennessee vs. Troy R. Walls
01C01-9802-CC-00080
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. S. Daniel

A Rutherford County grand jury indicted defendant for aggravated rape, two counts of aggravated sexual battery, and rape of a child for incidents involving his young female cousin. A negotiated plea agreement allowed defendant to plead to one count of rape, a Class B felony, and one count of incest, a Class C felony. The agreed upon sentences were eight years for rape and three years for incest to be served consecutively as a Range I, standard offender. The sole issue on appeal is the trial court’s denial of alternative sentencing. However, plain error dictates that the convictions be VACATED and the case REMANDED for further proceedings. The defendant pled guilty to incest which is neither a lesser included nor a lesser grade of child rape; nor do the acts of the defendant constitute the crime of incest.