State of Tennessee v. Cassie Kristin Chapman
Appellant, Cassie Chapman, was indicted by the Sullivan County Grand Jury for two counts of theft over $1,000 and one count of aggravated burglary. She pled guilty to the charges and agreed to a three-year sentence for one count of theft, a two-year sentence for the second count of theft, and a three-year sentence for aggravated burglary. The plea agreement specified that one two-year sentence for theft and the sentence for aggravated burglary would run concurrently with each other but consecutively to the three-year sentence for aggravated burglary would run consecutively to the theft sentences. After a sentencing hearing, the trial court denied alternative sentencing on the theft sentences. Appellant appeals. After a review of the record, we determine that the trial court did not abuse its discretion in sentencing Appellant to incarceration. Accordingly, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
Alejandro Guana v. State of Tennessee
The Petitioner, Alejandro Guana, appeals the Tipton County Circuit Court’s denial of his petition for post-conviction relief challenging his conviction for first degree murder which resulted in a life sentence. On appeal, the Petitioner contends that the post-conviction court erred in denying relief alleging ineffective assistance of both trial and appellate counsel and trial court errors. Specifically, he submits that trial counsel was ineffective in the following ways: (1) failing to investigate and interview the State’s witnesses, leaving him unprepared for cross-examination; (2) conceding that the Petitioner’s actions were intentional, abandoning any viable defense; (3) failing to call an expert witness on his intoxication at the time of the shooting and failing to present a defense of diminished capacity; (4) failing to preserve his request for a mistrial and offer proof regarding a memorial service for the victim which took place during the sentencing phase of the Petitioner’s trial; and (5) failing to ask for individual voir dire of any particular juror. As for appellate counsel, the Petitioner argues that he received ineffective assistance by counsel’s failure to pursue the memorial service issue and the omission of a jury instruction on accomplice testimony on appeal. Finally, he alleges trial court error regarding the trial court’s failure to give the instruction on accomplice testimony and the failure to declare a mistrial based upon the memorial service. Following our review, we affirm the denial of relief. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Gunn
Benjamin Gunn (“the Defendant”) was convicted by a jury of two counts of possession of cocaine, one count of possession with intent to sell 14.175 grams or more of marijuana, one count of possession with intent to deliver 14.175 grams or more of marijuana, and one count of tampering with evidence. The trial court merged the two convictions for possession of cocaine. The trial court also merged the conviction for possession with intent to deliver 14.175 grams or more of marijuana into the conviction for possession with intent to sell 14.175 grams or more of marijuana. The trial court sentenced the Defendant to an effective sentence of eight years, eleven months, and twenty-nine days’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions for possession with intent to sell and deliver 14.175 grams or more of marijuana. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Jimmy Yarbro v. State of Tennessee
Jimmy Yarbro (“the Petitioner”) pleaded guilty to theft of property of $10,000 or more and burglary. Pursuant to the plea agreement, the trial court sentenced the Petitioner to an effective sentence of eight years, with restitution and manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied alternative sentencing and ordered that the Petitioner serve his sentence in confinement. The court also ordered restitution of $17,000 in increments of $200 per month beginning sixty days after the Petitioner’s release. The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he received ineffective assistance of counsel in conjunction with his plea. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
McNairy | Court of Criminal Appeals | |
Larry Wayne Webb v. State of Tennessee
The Petitioner, Larry Wayne Webb, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for forgery and identity theft, for which he is serving an effective twelve-year sentence as a Range III, career offender. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Gregory Tyrone Greer v. State of Tennessee
Gregory Tyrone Greer (“the Petitioner”) was convicted of reckless aggravated assault by a Madison County jury. The Petitioner subsequently filed for post-conviction relief, alleging ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. The Petitioner now appeals. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Lawrence D. Ralph, Jr.
The Defendant, Lawrence D. Ralph, Jr., was convicted by a Warren County jury for violation of the Motor Vehicle Habitual Offenders Act; driving with a revoked license, fifth offense; reckless endangerment with a deadly weapon; reckless driving; and evading arrest. The Defendant received an effective sentence of eight years in confinement. The Defendant filed a motion for a new trial, which was denied by the trial court, and subsequently filed a timely notice of appeal to this Court. After concluding that we lacked jurisdiction, we dismissed the appeal. See State v. Lawrence D. Ralph, No. M2010-00195-CCA-R3-CD, 2011 WL 766941 (Tenn. Crim. App. March 4, 2011). The Defendant then filed a petition for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court granted the Defendant a delayed appeal to appeal issues raised during trial and in his motion for new trial. In this appeal, the Defendant argues that the evidence is insufficient to sustain his conviction for reckless endangerment with a deadly weapon and that his sentence is excessive and violates double jeopardy. Upon review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. David Wayne Gross
The defendant, David Wayne Gross, appeals the sentencing decision denying him an alternative sentence. The defendant pled guilty to violating a habitual traffic offender order, two counts of theft over $1000, two counts of identity theft, two counts of forgery, and theft under $500. Pursuant to the plea agreement, the defendant received an effective four-year sentence and was allowed to petition the court for an alternative sentence. A hearing was held, after which the trial court ordered that the sentence be served in incarceration. After review of the record, we affirm the denial of alternative sentencing. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Antone D. Redeemer
The Defendant, Antoine D. Redeemer, appeals the Montgomery County Circuit Court’s order revoking his effective eight-year community corrections sentence for his aggravated burglary and robbery convictions. On appeal, the Defendant contends that the trial court abused its discretion by revoking his community corrections sentences and ordering him to serve his sentences in confinement. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Patrick Scott Riley
The Defendant-Appellant, Patrick Scott Riley, appeals from the Davidson County Criminal Court’s order revoking his community corrections sentence. He previously entered a guilty plea to burglary and received an eight-year suspended sentence. On appeal, Riley argues that the trial court unreasonably conditioned his community corrections sentence on the requirement that he “get off any and all opiates or other medications that have any addictive qualities” within sixty days of the September 5, 2012 sentencing hearing. Upon review, we conclude that the issue challenging the conditions of his community corrections sentence is waived by Riley’s failure to timely appeal the trial court’s initial order. We further conclude that the trial court did not abuse its discretion by revoking Riley’s community corrections sentence and ordering his original eight-year sentence to be served in confinement. Accordingly, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dominc Eric Frausto
The Defendant, Dominic Eric Frausto, was convicted by a Union County Criminal Court jury of two counts of aggravated sexual battery, Class B felonies. See T.C.A. § 39-13-504 (2010). The trial court merged the convictions and sentenced him as a Range I, standard offender to twelve years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions because the State did not prove the corpus delicti, (2) the trial court erred in failing to comply with Tennessee Criminal Procedure Rule 24 during jury selection, and (3) the trial court erred in sentencing him to the maximum in the range. We affirm the judgment of the trial court. |
Union | Court of Criminal Appeals | |
Billy Jackson Coffelt v. State of Tennessee and Jerry Lester, Warden
The Petitioner, Billy Jackson Coffelt, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his 1983 conviction for robbery by the use of a deadly weapon and resulting life sentence after being found to be a habitual criminal offender. The Petitioner contends that the trial court erred by summarily denying relief. We affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Charles Martin, Jr.
The Defendant, Charles Martin, Jr., pled guilty to one count of kidnapping, as a Range II, multiple offender, with an agreed upon eight-year sentence. The trial court determined the manner of service, and the Defendant was placed in the Community Corrections Program and ordered to serve 180 days in confinement. A violation warrant was filed. Thereafter, the trial court revoked the sentence and ordered the Defendant to serve the balance of his sentence in confinement based upon the Defendant’s commission of new crimes and his consumption of alcohol while at a local grocery store. The Defendant appeals the order of total incarceration. Upon review, we affirm the judgment of the trial court. |
Marion | Court of Criminal Appeals | |
Anthony Dean v. State of Tennessee
The petitioner, Anthony Dean, appeals the summary dismissal of his petition for writ of error coram nobis. After review, we affirm the judgment of the trial court dismissing the petition. |
Shelby | Court of Criminal Appeals | |
Allen Massey v. State of Tennessee
The petitioner, Allen Massey, appeals from the denial of post-conviction relief by the Criminal Court of Bradley County. Pursuant to a plea agreement, the petitioner entered guilty pleas to promotion of manufacturing methamphetamine and possession of methamphetamine, for which he received suspended sentences of four years and eleven months and twenty-nine days, respectively. In this appeal, the petitioner argues that he received ineffective assistance of counsel and that his guilty pleas were involuntarily and unknowingly entered. Upon our review, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Ryan Robert Haase
Ryan Robert Haase (“the Defendant”) was convicted by a jury of one count of criminal attempt to commit first degree premeditated murder, one count of aggravated assault, and one count of domestic assault. The trial court merged the assault convictions into the attempt to commit first degree premeditated murder conviction and sentenced the Defendant as a Range II offender to forty years in confinement. In this direct appeal, the Defendant alleges errors in the admission of certain evidence; contends that the evidence is not sufficient to support his conviction of attempt to commit first degree premeditated murder; contends that the prosecutor engaged in improper argument; and argues that he should have been sentenced as a Range I offender. Upon our thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
Robert Charles Taylor v. State of Tennessee
The Petitioner, Robert Charles Taylor, appeals the Bradley County Criminal Court’s denial of his petition for post-conviction relief from his 2006 conviction for attempt to commit rape of a child. The Petitioner was originally sentenced to thirty years’ confinement, but the court granted post-conviction relief and reduced his sentence to twelve years. The Petitioner contends that he was prejudiced by (1) counsel’s failure to ensure his presence during jury selection, (2) counsel’s failure to request a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), and (3) the trial judge’s entry into the jury room during deliberations. We reverse the judgment of the trial court and vacate the conviction because the Petitioner was denied his right to be present for the jury selection process. |
Bradley | Court of Criminal Appeals | |
George William Brady v. State of Tennessee
The petitioner, George William Brady, appeals from the order of the Sevier County Criminal Court dismissing “all pro se actions and pleadings” filed in that court. Although the petitioner filed, and the criminal court denied, a plethora of pro se motions, the petitioner challenges only the denial of his motion to correct the judgment. Discerning no error, we affirm. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Gwendolyn Hagerman
The Defendant was found guilty by a Sullivan County Criminal Court jury of five counts of rape of a child involving the daughter of the Defendant’s then-girlfriend. See T.C.A. § 39-13-522 (1997). She was sentenced as a Range I offender to twenty years for each conviction to be served at 100% as a child rapist. The trial court ordered partial consecutive sentencing, for an effective sixty-year sentence. In the Defendant’s previous appeal, she contended that: (1) the evidence is insufficient to support the convictions; (2) there was a material variance between the presentment, the bill of particulars, the election of offenses, and the proof; (3) the trial court erred in denying her motion to dismiss the charges due to pre-accusation delay; (4) the court erred in declining to conduct an in camera review of Department of Children’s Services (DCS) records; and (5) the court erred in imposing consecutive sentences. State v. Gwendolyn Hagerman, No. E2011-00233-CCA-R3-CD (Tenn. Crim. App. June 4, 2013), perm. app. granted, case remanded (Tenn. Nov. 13, 2013). After we affirmed the Defendant’s convictions, the Tennessee Supreme Court granted her application for permission to appeal and remanded the case in order for this court to order that the record be supplemented with the victim’s DCS records and for reconsideration of the case in light of the supplemented record. State v. Gwendolyn Hagerman, No. E2011-00233-CCA-R3-SC (Tenn. Nov. 13, 2013) (per curiam) (order). Having ordered that the record be supplemented and having reviewed the DCS records, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
In re: American Bonding Company
Amir Karshenas, doing business as American Bonding Company, appeals his suspension as a bondsperson in the Twenty-First Judicial District. Because the trial court did not provide the appellant notice pursuant to Tennessee Code Annotated section 40-11-125(b) (Supp. 2011), we vacate the suspension and remand for further proceedings consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
Jonathan Wesley Stephenson v. State of Tennessee
The petitioner, Jonathan Wesley Stephenson, appeals the dismissal of his habeas corpus petition challenging the legality of his sentence and conviction for conspiracy to commit first degree murder. After a thorough review of the record, we conclude that the petition was properly dismissed for failure to abide by the procedural requirements of Tennessee Code Annotated section 29-21-107(b)(4), and we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
Lorenza Zackery v. State of Tennessee
The petitioner, Lorenza Zackery, appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to two counts of rape of a child and received concurrent sentences of twenty years. He contends that his plea was not knowingly and voluntarily entered. He claims he was coerced into accepting the plea by trial counsel’s actions and deficient performance. Following review of the record, we affirm the denial of relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Leslie Dawn Hurst
The Defendant, Leslie Dawn Hurst, pled guilty to seven counts of theft of property valued at $500 or less, a Class A misdemeanor; one count of possession of drug paraphernalia, a Class A misdemeanor; and one count of failure to appear, a Class E felony. See Tenn. Code Ann. §§ 39-14-103, -14-105, -16-609, -17-425. The trial court imposed an effective sentence of four years, eleven months, and twenty-six days to be served in confinement. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying her request for alternative sentencing and (2) that the trial court erred by imposing partial consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Robert Brown Sr.
A jury convicted Robert Brown, Sr. (“the Defendant”) of one count of rape of a child and one count of criminal exposure to HIV. After a sentencing hearing, the trial court ordered the Defendant to serve an effective term of twenty-five years’ incarceration. In this direct appeal, the Defendant contends that the evidence was not sufficient to support his convictions. Upon our thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jody Kyle Banks
The defendant, Jody Kyle Banks, pled guilty to driving under the influence of an intoxicant (second offense), a Class A misdemeanor, in violation of Tennessee Code Annotated section 55-10-401(a)(1) (2010). He was sentenced to eleven months and twenty-nine days imprisonment, with fifty days to be served in jail and the remainder of the sentence to be served on probation. In entering his guilty plea, the defendant reserved, pursuant to Tennessee Rule of Criminal Procedure 37(b)(2), a certified question of law challenging the initial stop of his vehicle based on a broken taillight. After a thorough review of the record, we conclude that this case is governed by the Tennessee Supreme Court’s decision in State v. Brotherton, 323 S.W.3d 866 (Tenn. 2010), and we accordingly affirm the judgment of the trial court. |
Van Buren | Court of Criminal Appeals |
