COURT OF CRIMINAL APPEALS OPINIONS

Garrett vs. State
03C01-9603-CR-00111
Trial Court Judge: Ray L. Jenkins

Gregg vs. State
03C01-9705-CC-00188

State vs. Carlito Adams
02C01-9608-CR-00267
Trial Court Judge: Joseph B. Brown

State vs. Charles Vanderford
02C01-9609-CC-00307
Trial Court Judge: C. Creed Mcginley

State vs. Pendergrass
03C01-9608-CC-00310
Trial Court Judge: J. Curtis Smith

State vs. Pendergrass
03C01-9608-CC-00310
Trial Court Judge: J. Curtis Smith

State vs. John Knapp
02C01-9608-CR-00282
Trial Court Judge: W. Fred Axley

State vs. Jose Holmes
02C01-9505-CR-00154

Keith Scarbrough vs. State
01C01-9607-CC-00322
Trial Court Judge: Robert E. Burch

State vs. Billy Rippy
01C01-9609-CR-00395
Trial Court Judge: Robert W. Wedemeyer

State vs. Bill Teal
01C01-9611-CC-00482
Trial Court Judge: Gerald L. Ewell, Sr.

Sprinkle vs. State
03C01-9612-CR-00474
Trial Court Judge: James E. Beckner

Russell vs. State
03C01-9701-CR-00006
Trial Court Judge: Lynn W. Brown

State of Tennessee vs. Anthony Noe
01C01-9407-CR-00252
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: TJudge homas H. Shriver

VANDALISM CONVICTION AFFIRMED; FALSE REPORT CONVICTION REVERSED

State of Tennessee v. Brenda Starks
01C01-9611-CR-00481
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge James O. Bond

The appellant, Brenda Starks (defendant), appeals as of right from the judgment of the trial court affirming the sentence, as amended, imposed by the General Sessions Court of Wilson County. After the defendant entered a plea of guilty to passing a worthless check, a Class A misdemeanor, she was sentenced to serve 364 days at 100% in the Wilson County Jail. Her entire sentence was suspended and she was placed on unsupervised probation. The General Sessions Court subsequently revoked the probation, and she appealed to the Criminal Court for Wilson County. The trial court affirmed the judgment of the General Session Court, but amended the judgment. The amended judgment provided for confinement in the Wilson County Jail for 364 days at 75%. In this court, the defendant contends: [T]he sentence she was given by the Criminal Court for Wilson
County, Tennessee, an eleven (11) month, twenty-nine (29) day sentence at seventy-five percent (75%), for the misdemeanor offense of passing a worthless check, T.C.A. 39-14-121, was excessive, in that the Court did not sentence Defendant pursuant to the applicable provisions of the Tennessee Criminal Sentencing Reform Act of 1989, T.C.A. 40-35-101, et. seq. After a thorough review of the record, the briefs submitted by the parties, and the laws applicable to this case, it is the opinion of this court the judgment of the trial court must be reversed and this cause dismissed because the defendant has served the entire sentence prior to the institution of the revocation proceedings in the General Sessions Court.

Napoleon Momon vs. State of Tennessee
03C01-9605-CR-00187
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Stephen M. Bevil

The petitioner, Napoleon Momon, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the Hamilton County Criminal Court’s denial of post-conviction relief. The petitioner was convicted in 1991 of second degree murder in the shooting death of his wife, Jacqueline Daniel Momon, and received a twenty-five-year sentence.1 His conviction was affirmed on direct appeal to this Court. State v. Napoleon Momon, No. 03C01-9205-CR-00174 (Tenn. Crim. App., Knoxville, Nov. 20, 1992).

State of Tennessee vs. Willie Demorris Locust
02C01-9611-CC-00392
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Joe G. Riley. Jr.

The petitioner, Willie Demorris Locust, appeals the Dyer County Circuit Court's denial of his petition for post conviction relief. Locust is incarcerated in the Department of Correction for his convictions of aggravated sexual battery and aggravated burglary, for which he received an effective ten year sentence that he is serving consecutively to a twenty year sentence for aggravated rape and aggravated burglary and an assault sentence of undisclosed length. See State v. Locust, 914 S.W.2d 554 (Tenn. Crim. App.) (aggravated sexual battery and aggravated burglary), perm. app. denied (Tenn. 1995); State v. Willie Demorris Locust, No. 02-C-01-9404-CC-00075 (Tenn. Crim. App., Jackson, Oct. 5, 1994) (aggravated rape and aggravated burglary), perm. app. denied (Tenn. 1995). In this appeal, he claims the lower court erred in denying him relief on three issues:

1. Whether the indictment is defective and his conviction of aggravated sexual battery is therefore void.
2. Whether the trial judge failed to instruct the jury on lesser included offenses, thereby depriving him of his constitutional right to a trial by jury.
3. Whether he was afforded the effective assistance of counsel at his trial and on direct appeal.
 

Following a review of the record, we affirm the lower court's dismissal of Locust's petition.
 

State of Tennessee vs. Austin Kipling Stratton
01C01-9611-CC-00472
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Burch

Defendant, Austin Kipling Stratton, seeks review of his consecutive sentences totaling twenty (20) years for various drug offenses. The sentences resulted from a plea of guilty. We find that the notice of appeal was untimely filed, and no relief is merited under Tenn. R. Crim. P. 35(b). Accordingly, we affirm the judgment of the trial court.

State of Tennessee vs. Dmitri Johnson
01C01-9510-CC-00334
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Dmitri Johnson, appeals as of right from the twenty-year sentence imposed by the Circuit Court of Montgomery County for his conviction upon a guilty plea for second degree murder, a Class A felony. The defendant contends that the trial court improperly relied upon facts not in evidence in its sentencing decision. He also contends that the trial court improperly applied three enhancement factors and refused to apply two additional mitigating factors. We believe that the case should be remanded for a new sentencing hearing.

State vs. Norman Curtis, Keith Chambers, Gina Chambers and Shelly Bragg
01C01-9607-CC-00313
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Leonard W. Martin

The State of Tennessee (state) appeals as of right from a judgment of the trial court suppressing evidence seized by law enforcement officers from the person of Norman Curtis without a search warrant, and the residences of the Chamberses and Curtis under color of a search warrant. Two issues are presented for review. The state contends there were exigent circumstances which permitted officers executing the search warrant at the Chamberses’ residence to enter the dwelling without complying with the “knock and announce” requirement. The state further contends the search of Norman Curtis’s person when he arrived at the Chamberses’ residence while the officers were executing the search warrant was reasonable. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed. The State of Tennessee has failed to illustrate why the evidence contained in the record preponderates against the findings made by the trial court.

State of Tennessee vs. Antwan Patton
01C01-9608-CC-00346
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: James James L. Weatherford

The appellant, Ryan Moran (defendant), was convicted of attempted first degree murder, a Class A felony, especially aggravated kidnapping, a Class A felony, especially aggravated robbery, a Class A felony, and assault, a Class A misdemeanor. The defendant entered a no contest plea to attempted first degree murder and guilty pleas to the remaining charges. The trial court found the defendant was a standard offender and sentenced the defendant to the following Range I sentences: for attempted first degree murder, twenty-five (25) years in the Department of Correction, for especially aggravated kidnapping, twenty-five (25) years in the Department of Correction, for especially aggravated robbery, twenty-five (25) years in the Department of Correction, and for assault, eleven (11) months and twenty-nine (29) days. The trial court ordered that the sentences for attempted first degree murder, especially aggravated kidnapping, and especially aggravated robbery should be served consecutively. The sentence for assault is to be served concurrently with the other sentences. The effective sentence is confinement for seventy-five (75) years in the Department of Correction.

03C01-9403-CR-00110
03C01-9403-CR-00110
Trial Court Judge: John A. Turnbull

State vs. Pike
03C01-9611-CR-00408

State vs. Belcher
03C01-9608-CC-00299
Trial Court Judge: D. Kelly Thomas, Jr.

Luther Haggard vs. State
M2003-02554-CCA-R3-HC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. Randall Wyatt, Jr.
The petitioner, Luther Haggard, filed a petition for the writ of habeas corpus in the Davidson County Criminal Court. In the petition he alleges that various Bradley County, Tennessee, convictions he received pursuant to guilty pleas entered in 1997 are illegal and void. The Davidson County Criminal Court summarily dismissed the petition. We affirm.