COURT OF CRIMINAL APPEALS OPINIONS

State vs. James Dantes
02C01-9705-CC-00184
Trial Court Judge: Jon Kerry Blackwood

State vs. Carl Saine
02C01-9710-CC-00399

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

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

State vs. Gayle Parsons
01C01-9607-CC-00311
Trial Court Judge: William M. Barker

01C01-9610-CC-00429
01C01-9610-CC-00429

State vs. Scotty Wright
01C01-9609-CR-00414
Trial Court Judge: Leon C. Burns, Jr.

01C01-9612-CR-00528
01C01-9612-CR-00528

State vs. William Watkins and Jonathan Davis
01C01-9701-CC-00004

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

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

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.

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

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. 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.

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. 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.