COURT OF CRIMINAL APPEALS OPINIONS

02C01-9808-CC-00244
02C01-9808-CC-00244
Trial Court Judge: William B. Acree

Obion Court of Criminal Appeals

02C01-9808-CC-00256
02C01-9808-CC-00256

Fayette Court of Criminal Appeals

State vs. Mark J. Turner
01C01-9703-CR-00071

Davidson Court of Criminal Appeals

State vs. Khanh Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

State vs. Tracy Pendrgrass
03C01-9808-CC-00291

Bledsoe Court of Criminal Appeals

State vs. Reginald Gillespie
03C01-9706-CR-00222

Greene Court of Criminal Appeals

State vs. Willie Cunningham
02C01-9801-CR-00022

Shelby Court of Criminal Appeals

State vs. Kenneth Henderson
02C01-9808-CC-00243

Fayette Court of Criminal Appeals

01C01-9803-CC-00129
01C01-9803-CC-00129

Wayne Court of Criminal Appeals

State vs. Steve Click, Jr.
03C01-9804-CC-00135

Blount Court of Criminal Appeals

State vs. Thomas I. Freeman, Jr.
03C01-9808-CC-00298

Blount Court of Criminal Appeals

State vs. Bronche Terrell
02C01-9801-CR-00014
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

State vs. Harry Goff
02C01-9806-CC-00177
Trial Court Judge: Roy B. Morgan, Jr.

Madison Court of Criminal Appeals

State vs. Burl White
02C01-9810-CC-00322

Hardin Court of Criminal Appeals

State vs. Earl Legans
02C01-9810-CC-00326

Hardin Court of Criminal Appeals

State of Tennessee vs. Brian Roberson
01C01-9807-CC-00306
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Donald P. Harris

The appellant, Brian Roberson, appeals the denial of a Rule 35(b) “Motion for Correction of Sentence” by the Williamson County Criminal Court. This motion arose from a plea entered on January 14, 1998, by the appellant pursuant to an agreed disposition under Rule 11(e)(1)(C), Tenn. R. Crim. P. After pleading guilty to two counts sale of cocaine, a Class B felony, and one count sale of cocaine, a Class C felony, the trial court, in accordance with the plea agreement, imposed a sentence of eight years for each Class B felony and a sentence of three years for the Class C felony. Apparently, the appellant was serving outstanding sentences of 17.5 years at the time he pled guilty to the current charges. The instant eight year sentences were ordered to run concurrently with each other and concurrently with the outstanding sentences of 17.5 years. However, the three year sentence for the Class C felony was ordered to run consecutively to the outstanding sentences for an effective sentence of 20.5 years. On appeal, the appellant argues that the trial court erroneously denied his motion to correct or reduce his three year sentence for the sale of cocaine.
 

Based upon our review of the entire record, i.e., the video transcripts, briefs, and argument of counsel, we affirm the judgment of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R.

Williamson Court of Criminal Appeals

James E. Martin vs. State of Tennessee
03C01-9807-CR-00253
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lynn W. Brown

The Petitioner, James E. Martin, appeals as of right the trial court’s dismissal of his petition fo r writ of habeas corpus relief. After a careful review of the record, we affirm the judgm ent of the trial court.

Johnson Court of Criminal Appeals

State of Tennessee vs. John C. Cone
01C01-9805-CR-00227
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Seth Norman

The defendant was charged with vandalism, three counts of aggravated assault, and two counts of assault. Pursuant to a plea agreement, he pled guilty to vandalism and two counts of aggravated assault, receiving a sentence of one year on the vandalism count and four years on each aggravated assault count, to be served concurrently. Following a sentencing hearing to determine the manner of service, the trial court denied probation. The defendant now appeals, arguing that the trial court erred in denying probation because it perceived inconsistencies in the defendant’s statements and did not allow the defendant to clarify the evidence through his statutory right of allocution prior to sentencing. Finding no error, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. Otis J. Wickfall
02C01-9711-CR-00442
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

The Defendant, Otis J. Wickfall, ap peals as of right his conviction for first degree murder in the Shelby County Crimina l Court. Defendant was sentenced to life imprisonment. In this appeal, Defendant raises the following issues:  I. Whether the trial court erred in denying Defendant’s Motion for Judgment of Acquittal based on the evidence presented by the State;  II. Whether the trial court erred in allowing the introduction of the victim’s blood-staine d shirt to show the trajectory and angle of the bullet;  III. Whether the trial court erred in allowing the introduction of a photograph of a recording label depicting the slang term for murder;  IV. Whether the trial court erred in taking judicial notice of California Penal Code section 187 defining murder; and V. Whether the trial court erred in its jury ins tructions.  After a careful review of the reco rd, we affirm the judgm ent of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. James Clay Romines
03C01-9804-CC-00140
Authoring Judge: Senior Judge L.T. Lafferty
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, James Clay Romines, appeals as of right from a ruling of the Blount County Criminal Court revoking his probation. The defendant presents one issue for appellate review: whether the trial court erred by ordering the defendant to serve eleven days in jail as punishment for a second violation of probation. After a review of the record, briefs of the parties, and appropriate law, the trial court’s judgment is affirmed.

Blount Court of Criminal Appeals

State of Tennessee vs. Paul Carr Moss, Jr.
01C01-9803-CC-00118
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Paul Carr Moss, Jr., was indicted for the first degree murder of his wife, Peggy Ann Moss. He was convicted of second degree murder, a Class A felony. Tenn. Code Ann. § 39-13-210. The trial court imposed a Range I sentence of twenty-five years. The defendant was fined $50,000.00.

Robertson Court of Criminal Appeals

State of Tennessee vs. Barry Waddell
01C01-9801-CR-00016
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl Blackburn

The Defendant, Barry Waddell, appeals as of right from his conviction in the Davidson County Crimina l Court. After a jury trial, Defendant was convicted of two (2) counts of rape of a child (Counts 1 and 2) and two (2) counts of aggravated sexual battery (Counts 3 and 4). Defendant was sentenced to twenty-five (25) years for each count of rape of a child and ten (10) years for each count of aggravated sexual battery, with all sentences to be served consecutively, for an effective sentence of seventy (70) years. Defendant argues that the trial court improperly sentenced him to the maximum period of incarceration for his rape of a child convictions and erred in ordering his sentences to be served consecutively. We affirm in pa rt, and reverse and modify in part.

Davidson Court of Criminal Appeals

State vs. Lowell Clayton Gredig, Jr.
03C01-9801-CC-00017
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. Joel Guilds
01C01-9804-CC-00182

Williamson Court of Criminal Appeals

Mark S. Miller vs. State
03C01-9803-CR-00108

Knox Court of Criminal Appeals