APPELLATE COURT OPINIONS

Petitioner, Deaundra Donnell Smith, sought post-conviction relief on the basis of ineffective assistance of counsel after his convictions for felony murder and especially aggravated robbery were affirmed on direct appeal. The post-conviction court denied relief, finding that Petitioner failed to prove his allegations by clear and convincing evidence. For the following reasons, we affirm the judgment of the post-conviction court.

A Davidson County grand jury indicted the defendant, H.C. Brown, Jr., with attempted first degree murder, aggravated assault by strangulation, false imprisonment, and violation of an order of protection. Following trial, a jury found the defendant guilty of aggravated assault by strangulation and violation of an order of protection, and the trial court imposed an effective sentence of fifteen years, eleven months, and twenty-nine days. On appeal, the defendant challenges the sufficiency of the evidence to support his aggravated assault conviction. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

The petitioner, Dale Samuel Waggoner, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

A Shelby County jury convicted the Defendant, Tracy Douglass, of first degree premeditated murder, for which he received a life sentence. On appeal, the Defendant asserts that the trial court erred when it failed to declare a mistrial following the State’s improper statements during closing argument. He also asserts that the evidence presented at trial is insufficient to support the jury’s verdict. After review, we affirm the trial court’s judgment.

Defendant, Sedrick Darion Mitchell, was convicted of the sale and delivery of 0.5 grams or more of cocaine within 1,000 feet of a school and simple possession of cocaine. Defendant was sentenced as a career offender to an effective 60-year sentence of imprisonment. On appeal, Defendant claims that the evidence is insufficient to support his convictions; that his simple possession conviction should be reversed because he was questioned without an attorney present; and he challenges the constitutionality of Tennessee Code Annotated section 39-17-420(h), (i), and (j). Following our review, we affirm Defendant’s convictions.

Defendant, Amanda Beth Marcy, appeals from the denial of her “Motion to Amend Revocation Order” in which she argued that the trial court failed to award her credit for time served on Community Corrections when her probation was revoked. For a multitude of reasons, we dismiss the appeal.

The petitioner, Gregory Duff, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

A Rutherford County jury convicted the defendant, German Calles, of one count of attempted voluntary manslaughter, four counts of aggravated assault while acting in concert with others, two counts of attempted especially aggravated robbery, one count of especially aggravated burglary, two counts of employment of a weapon during the commission of a dangerous felony, two counts of conspiracy to commit especially aggravated robbery, and one count of conspiracy to commit especially aggravated burglary, for which the trial court imposed an effective sentence of twenty-six years in confinement. On appeal, the defendant contends the trial court erred when setting the length of his sentences and ordering partial consecutive sentences. Following our review of the record and applicable authorities, we affirm the judgments of the trial court.

The Petitioner, Richard Dickerson, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel because trial counsel coerced him into testifying and failed to discover a mistake in his presentence report. After thorough review, we affirm the denial of the petition.

The Defendant, Linda Anne Dunavant, was convicted of aggravated assault and filing a false police report and sentenced, respectively, to terms of three years and two years, to be served concurrently. On appeal, she argues that the evidence was insufficient to sustain the conviction for aggravated assault, and that the court erred in sentencing. Following our review, we affirm the judgments of the trial court.

The pro se petitioner, Luis G. Mendoza, appeals the Henderson County Circuit Court’s dismissal of his motion for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Upon review, we conclude that the State’s motion is well-taken. Accordingly, we affirm the summary dismissal of the motion.

A jury convicted the Defendant, Randy Louis Roe, of three counts of rape of a child, one count of especially aggravated sexual exploitation of a minor, two counts of sexual exploitation of a minor, and one count of solicitation to commit rape of a child. He received an effective sentence of thirty-five years in prison. A few days prior to trial, the State alerted the Defendant to the existence of voluminous documents consisting of emails between the Defendant and the victim which had not previously been produced in discovery. The Defendant sought a continuance. The trial court denied the continuance but ruled that the new materials would not be admissible unless the Defendant “opened the door” during his testimony. On appeal, the Defendant seeks a new trial based on the trial court’s ruling on the admissibility of the emails. After a thorough review of the record, we discern no error and affirm the judgments.

The Defendant, Christopher C. Solomon, entered an open guilty plea to aggravated vehicular homicide, aggravated vehicular assault, and leaving the scene of an accident. Following a sentencing hearing, the trial court imposed an effective sentence of thirty-three years and imposed a restriction banning the Defendant from driving for life. On appeal, the Defendant contends that the trial court imposed an excessive sentence and erred in imposing a lifetime ban from driving. We conclude that the Defendant’s sentence is not excessive but that the trial court erred in imposing the lifetime driving ban. Accordingly, we remand for entry of a corrected judgment for the Defendant’s aggravated vehicular homicide conviction to reflect that the Defendant’s license is to be revoked in accordance with Tennessee Code Annotated section 55-50-501(a)(1). We otherwise affirm the judgments of the trial court.

A jury convicted Defendant, Nikia Bowens, of six counts of theft of property under the value of $500 and burglary in case number 105992, and of theft of property under the value of $500 and burglary in case number 106786. The trial court ordered Defendant to serve a total effective sentence of eighteen years in the Tennessee Department of Correction for his convictions in both cases. On appeal, Defendant does not challenge the theft convictions, but asserts that his burglary convictions violate the principles of due process under the Tennessee and United States Constitutions because Tennessee Code Annotated section 39-14-402(a)(3) is unconstitutionally vague and does not provide defendants fair warning that they can be prosecuted for burglary if they commit or attempt to commit a felony, theft or assault after entering a building open to the public knowing that the property owner has revoked its consent for them to enter. After a thorough review of the facts and applicable case law, we conclude that subsection 39-14- 402(a)(3) is not vague, that the word “building” in subsection -402(a)(3) is not ambiguous, and that Defendant’s due process rights were not violated by his burglary convictions. Thus, we affirm Defendant’s convictions, but remand for correction of judgments.

Jason Kane Ivey, Defendant, was convicted following a jury trial of two counts of misdemeanor theft based on alternative theories and one count of Class D felony burglary. The trial court merged the theft conviction in Count 3 into the theft conviction in Count 2 and then merged the theft conviction in Count 2 into the burglary conviction in Count 1 and sentenced Defendant to serve four years as a Range II multiple offender. Defendant claims that his burglary conviction “violated constitutional due process protections” because Tennessee Code Annotated section 39-14-402 is unconstitutionally vague and subsection 39-14-402(a)(3) failed to give him fair warning that his conduct was forbidden by the burglary statute. After a thorough review of the record, the briefs, and applicable law, we hold that Tennessee Code Annotated section 39-14-402 is not unconstitutionally vague and that subsection 39-14-402(a)(3) provided fair warning to a person of common intelligence that a person could be convicted of burglary for committing theft after entering a building open to the public, knowing the owner had revoked its effective consent for the person to enter. We affirm the judgments of conviction.

The Appellant, John D. Henry, was convicted in the Knox County Criminal Court of driving under the influence (DUI) per se, fifth offense, and driving on a revoked license and received an effective two-year sentence to be served as 150 days in jail with the remainder to be served on supervised probation. On appeal, the Appellant contends that the trial court erred by refusing to grant his motions to suppress evidence because his warrantless stop did not fall under the exigent circumstances exception to the warrant requirement and because he did not voluntarily consent to his warrantless blood draw. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

I agree with majority’s conclusion that after plenary review, Defendant is not entitled to relief on the suppression issues regarding his detention and arrest. I further agree with the majority’s conclusion that Defendant is not entitled to plain error relief on the indictment issue. However, I respectfully disagree that Defendant is entitled to a new trial for statements made by the prosecutor during closing argument.

Petitioner, James Rich, appeals the denial of his post-conviction petition. Petitioner argues that his guilty plea was unknowingly and involuntarily entered due to ineffective assistance of counsel. Following a review of the briefs of the parties and the entire record, we affirm the judgment of the post-conviction court.

The Petitioner, McArthur Bobo, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that he was deprived of his right to a full and complete hearing on his motion for new trial because the trial court confused his case with another case, that he received ineffective assistance of trial and appellate counsel, and that his due process rights were violated by the fact that he never received the statement of a key witness. Following our review, we affirm the judgment of the post-conviction court.

Following a jury trial in the Montgomery County Circuit Court, Defendant, Stephano Lee Weilacker, was found guilty of especially aggravated kidnapping and aggravated robbery for his role in a criminal episode at the Triangle Kwick Stop (Triangle Market) in Montgomery County. He received an effective sentence of twenty years to be served consecutively to a sentence received for another aggravated robbery. This is the fourth time the direct appeal has been before this court. Per the order of the Tennessee Supreme Court granting Defendant’s Tennessee Rule of Appellate Procedure 11 application, we address three issues in this opinion: (1) plenary review of Defendant’s assertion that his motion to suppress evidence should have been granted by the trial court, (2) plenary review of Defendant’s issue that he is entitled to a new trial because of improper closing arguments by the prosecutor; and (3) plain error review of Defendant’s issue wherein he asserts that the trial court caused a reversible constructive amendment to the especially aggravated kidnapping count, and that there was a fatal variance between the proof and the allegations in the indictment. Following a thorough review, we reverse the judgments and remand for a new trial.

The Appellant, Felipe Gonzales, was convicted in the Shelby County Criminal Court of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony, and received an effective fifty-year sentence to be served at 100%. On appeal, the Appellant contends that the trial court erred by failing to suppress his statement to police, that the trial court erred by not allowing him to cross-examine witnesses about possible bias, that the trial court erred by not instructing the jury on attempt as a lesser-included offense of rape of a child, that his convictions violate double jeopardy, and that the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court.

The pro se Defendant, Tony Arnell Britton, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After thorough review, we affirm the judgment of the trial court.

Petitioner, Terry Caraway, was indicted by the Shelby County Grand Jury for first degree premeditated murder, felony murder, and aggravated burglary. On December 15, 2004, Petitioner pleaded guilty to first degree premeditated murder, and the remaining counts were dismissed. The trial court sentenced Petitioner to life imprisonment. On May 12, 2015, Petitioner filed a pro se motion to toll the post-conviction statute of limitations, claiming that he was mentally incompetent and that he was unable to understand the law and comply with the statute of limitations, and a pro se post-conviction petition, alleging that his guilty plea was involuntary. Petitioner was appointed counsel, and counsel filed an amended motion to toll the statute of limitations. An evidentiary hearing on the motion to toll the statute of limitations was held on February 25, 2016, and taken under advisement. An order was entered on December 25, 2016, granting Petitioner the services of an expert “to the extent allowed by law” to determine whether Petitioner suffered from mental illness at the time of the offenses. On August 3, 2017, the postconviction court entered an order denying Petitioner’s motion, in which the court concluded that Petitioner had been unable to present sufficient evidence to prove he suffered from mental illness during the applicable time period. The order effectively dismissed the petition for post-conviction relief, which was filed several years after the statute of limitations had expired. Following our review, we affirm the judgment of the post-conviction court.

The Petitioner, Charles Godspower, appeals the dismissal of his petition for post-conviction relief, arguing that due process considerations should toll the running of the statute of limitations because he timely handed his petition to a prison guard during a period of “lockdown” in the prison. He further argues that his trial counsel were per se ineffective in his defense and that he should have been granted post-conviction funds for a mental evaluation. Following our review, we affirm the dismissal of the petition as time-barred.

The petitioner, Devon Brown, appeals the denial of his petition for post-conviction relief, which petition challenged his 2012 convictions of first degree murder, attempted first degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and reckless endangerment, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of postconviction relief.