COURT OF CRIMINAL APPEALS OPINIONS | Tennessee Administrative Office of the Courts

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State vs. Johnny Clark 02C01-9708-CR-00307 Trial Court Judge: W. Fred Axley	Shelby	Court of Criminal Appeals	04/14/98
State vs. Scotty White 02C01-9709-CC-00372 Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	04/13/98
Terrance B. Smith v. State of Tennessee W2004-02366-CCA-R3-PC Authoring Judge: Judge David G. Hayes Trial Court Judge: Joseph H. Walker, III	Tipton	Court of Criminal Appeals	04/12/98
State of Tennessee vs. Bonnie Stillwell 03C01-9610-CC-00366 Authoring Judge: Judge William M. Barker Trial Court Judge: Judge D. Kelly Thomas, Jr. The appellant, Bonnie Stillwell, appeals as of right the Blount County Circuit Court’s order to revoke her probation. She contends that the trial court’s order was improper in light of her efforts to comply with the terms of probation. After a review of the record, we affirm the judgment of the trial court.	Blount	Court of Criminal Appeals	04/08/98
State of Tennessee vs. James Ray Bartlett 01C01-9509-CC-00302 Authoring Judge: Judge Gary R. Wade Trial Court Judge: Judge W. Charles Lee The defendant, James Ray Bartlett, was indicted for DUI, driving on a revoked license, five counts of reckless driving, resisting arrest, evading arrest and reckless endangerment. At the close of the state's proof, the trial court granted the defendant's motion for acquittal as to the charge of resisting arrest. The jury rendered guilty verdicts as to the remaining counts. After setting aside the conviction for reckless endangerment, the trial court sentenced the defendant to ten months for the DUI; four months and fifteen days for driving on a revoked license; five months for the reckless driving convictions, all of which were merged as one offense; and ten months for evading arrest. The transcript of the trial indicates sentences were ordered to be served consecutively for an effective sentence of twenty-nine months fifteen days with the minimum service at seventy-five percent. The judgment form indicates concurrent sentencing for all new convictions. The trial court revoked the defendant's community corrections sentence for prior convictions; these new sentences were ordered to be served consecutively to the prior offenses according to the judgment form.	Lincoln	Court of Criminal Appeals	04/07/98
State of Tennessee vs. Mark Maybrey 01C01-9703-CC-00117 Authoring Judge: Judge Joe G. Riley Trial Court Judge: Judge J. S. Daniel The Rutherford County grand jury returned indictments charging the defendant, Mark F. Maybrey, with three (3) counts of telephone harassment. The defendant applied for pretrial diversion, which was denied by the District Attorney General. Defendant filed a petition for writ of certiorari in the Rutherford County Circuit Court, seeking to overturn the District Attorney’s denial of diversion. After a hearing, the trial court found that the District Attorney had not abused his discretion. Pursuant to Tenn. R. App. P. 9, defendant brings this interlocutory appeal, claiming the trial court erred in finding that the District Attorney General had not abused his discretion in denying diversion. We find no error; therefore, the judgment of the trial court is AFFIRMED.	Rutherford	Court of Criminal Appeals	04/07/98
State of Tennessee vs. Jesse C. Gudger, III 03C01-9703-CC-00107 Authoring Judge: Judge Joseph M. Tipton Trial Court Judge: Judge D. Kelly Thomas, Jr. The defendant, Jessee C. Gudger, III, appeals as of right from his conviction by a jury in the Sullivan County Circuit Court for robbery, a Class C felony. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court ordered the defendant to serve his sentence consecutively to a sentence imposed in an unrelated case. The defendant contends that: (1) the evidence is insufficient to support the conviction; (2) the trial court erred by denying his motion to suppress a statement given to the police; (3) the trial court erred by denying his special request to instruct the jury on voluntary intoxication; and (4) the trial court erred by sentencing him to five years in the Department of Correction. We disagree and affirm the trial court’s judgment of conviction.	Sullivan	Court of Criminal Appeals	04/07/98
State vs. Richard McKee 01C01-9606-CC-00278 Trial Court Judge: Leonard W. Martin	Cheatham	Court of Criminal Appeals	03/31/98
State vs. Elizabeth Ortiz 01C01-9607-CC-00284	Montgomery	Court of Criminal Appeals	03/31/98
State vs. Dennis England 01C01-9702-CR-00064		Court of Criminal Appeals	03/31/98
Kenneth Cheatham vs . State 01C01-9703-CC-00109 Trial Court Judge: Cornelia A. Clark	Williamson	Court of Criminal Appeals	03/31/98
Vernon Newsom vs. State 01C01-9706-CR-00214	Davidson	Court of Criminal Appeals	03/31/98
State vs. Fain 03C01-9403-CR-00124 Trial Court Judge: Arden L. Hill	Sullivan	Court of Criminal Appeals	03/31/98
Peck vs. State 03C01-9611-CR-00402	Sullivan	Court of Criminal Appeals	03/31/98
State vs. Christopher Cavnor 02C01-9704-CR-00155 Trial Court Judge: James C. Beasley, Jr.	Shelby	Court of Criminal Appeals	03/31/98
State vs. Thomas Matthews 02C01-9704-CR-00158 Trial Court Judge: Bernie Weinman	Shelby	Court of Criminal Appeals	03/31/98
State vs. Derrick McClure 02C01-9705-CR-00192 Trial Court Judge: Arthur T. Bennett	Shelby	Court of Criminal Appeals	03/31/98
State vs. Johnny Tillery 01C01-9506-CC-00182 Trial Court Judge: James L. Weatherford	Giles	Court of Criminal Appeals	03/30/98
State vs. Johnny Tillery 01C01-9506-CC-00182 Trial Court Judge: James L. Weatherford	Giles	Court of Criminal Appeals	03/30/98
State vs. Alvin Walker 02C01-9705-CR-00189	Shelby	Court of Criminal Appeals	03/30/98
State vs. Charles Loveless 02C01-9706-CC-00219 Trial Court Judge: R. Lee Moore Jr.	Lake	Court of Criminal Appeals	03/30/98
02C01-9708-CR-00328 02C01-9708-CR-00328 Trial Court Judge: Julian P. Guinn	Decatur	Court of Criminal Appeals	03/30/98
State vs. James Hayes 02C01-9610-CC-00326	Lake	Court of Criminal Appeals	03/30/98
State vs. James Hayes 02C01-9610-CC-00326	Lake	Court of Criminal Appeals	03/30/98
State vs. Jimmy High 02C01-9702-CR-00069 Trial Court Judge: W. Fred Axley	Shelby	Court of Criminal Appeals	03/30/98