APPELLATE COURT OPINIONS

The Defendant, Kelly Scott Hood, appeals the Cumberland County Criminal Court’s order revoking his probation for his aggravated burglary, theft, and attempted theft convictions and ordering him to serve the remainder of his effective eight-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court.

The Petitioner, Clark Derrick Frazier, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2007 conviction for second degree murder and his twenty-five-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court.

The Petitioner, Jimmy Heard, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2007 convictions for attempted second degree murder, conspiracy to commit aggravated robbery, aggravated robbery, and evading arrest and his effective forty-four-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court.

The defendant, Destiny White, appeals her Shelby County Criminal Court conviction for voluntary manslaughter, claiming the trial court erred by denying her request for judicial diversion. After a review of the record and applicable law, we conclude the trial court placed undue weight on the victim’s death in support of its decision to deny judicial diversion and failed to explain how, if at all, it considered and weighed other applicable factors. Therefore, we reverse the judgment of the trial court and remand the matter to the trial court for reconsideration.

Larry Edward Moore, the Petitioner, was convicted of carjacking. The Petitioner filed a petition for post-conviction relief, challenging his Davidson County Criminal Court conviction for carjacking. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner asserts that: (1) the trial court erred in denying his request to instruct the jury that unauthorized use of a motor vehicle was a lesser-included offense of carjacking; (2) trial counsel’s performance was deficient for failing to keep the Petitioner informed of his case and for failing to have an effective trial strategy; and (3) trial counsel’s performance on appeal was deficient for failing to include the lesser-included instruction issue in the motion for new trial and on appeal. After a thorough review of the facts and applicable case law, we affirm the post-conviction court’s denial of relief.

The petitioner, Jennifer Womac, appeals the denial of her petition for post-conviction relief, which petition challenged her 2012 guilty-pleaded conviction of second degree murder. In this appeal, the petitioner contends that her guilty plea was not knowingly and voluntarily entered, pointing to deficiencies in the plea colloquy, and that she was denied the effective assistance of counsel. Discerning no error, we affirm the denial of postconviction relief.

The petitioner, David Cody Watkins, appeals the denial of his post-conviction petition, arguing he received ineffective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

The defendant, Darrell Wayne Smith, was convicted of driving under the influence and violation of the Tennessee Financial Responsibility statute. On appeal, the defendant contends he was denied a fair trial because the trial court issued a capias for his arrest in front of the jury. Additionally, the defendant contends the trial court erred in allowing portions of the State’s expert’s testimony and that the evidence is insufficient to support his convictions. On our review of the record and relevant authorities, the defendant is not entitled to relief.

The defendant, Marcus Latrail Easley, appeals from the Weakley County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. Discerning no error, we affirm the judgment of the trial court.

The petitioner, Cleo Henderson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. The petitioner also asserts the trial court erred in finding he waived his right to testify during trial. Following our review, we affirm the denial of the petition and conclude the petitioner affirmatively waived his right to testify at trial.

A Wilson County jury convicted Rashad Dewayne Seay, Jr. (“the Petitioner”) of two counts of sale of a Schedule II controlled substance. Following the voluntary dismissal of his direct appeal, the Petitioner filed a pro se post-conviction petition, which the postconviction court dismissed as time-barred. Upon review, we conclude that the petition was timely filed, and therefore, reverse the judgment of the post-conviction court.

A Shelby County Grand Jury indicted the Defendant, Keith Austin, for attempted first degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony. After a jury trial, the Defendant was convicted of the lesser included offense of attempted second degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony. The Defendant was sentenced to twenty-six years’ incarceration as a Range II, multiple offender. On appeal, the Defendant contends that the evidence is insufficient to support his convictions of attempted second degree murder and employment of a firearm during the commission of a dangerous felony. After review, we affirm the judgments of the trial court.

The Defendant, Katherine Taylor, was convicted of attempted first-degree murder and sentenced to 18 years as a Range I offender. On appeal, she argues that the trial court erred by excluding evidence of the victim’s history of drug use and that the evidence is insufficient to sustain the conviction. Following our review, we affirm the judgment.

The Appellant, Jerome Edwin Lockridge, was convicted in the Davidson County Criminal Court of attempted aggravated burglary, a Class D felony, and misdemeanor vandalism and received an effective four-year sentence to be served in confinement. On appeal, the Appellant contends that the evidence is insufficient to support his attempted aggravated burglary conviction because the State failed to prove that he entered the habitation with the intent to commit theft. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

The pro se Petitioner, E. Louis Thomas, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition.

The Appellant, Ramey Michelle Long, was convicted by a jury of the Class A misdemeanors driving under the influence (DUI); DUI, second offense; possession of marijuana; and possession of drug paraphernalia. The Appellant was also convicted of the Class C misdemeanors speeding and violating the open container law. The trial court merged the DUI convictions and imposed a sentence of eleven months and twenty-nine days for each Class A misdemeanor and thirty days for each Class C misdemeanor. The court ordered the sentence for the DUI conviction to be served consecutively to the remaining sentences, which were to be served concurrently. The trial court further approved of the fines imposed by the jury, which were the maximum allowable for each offense, for a total of $8,600. On appeal, the Appellant contends that (1) the evidence was insufficient to sustain her conviction of DUI, second offense; (2) the trial court erred by denying her motions to suppress; (3) the trial court erred by preventing her from introducing her pharmaceutical records, medical records, hardware taken from her back during surgery, and a hand-drawn chart concerning the therapeutic levels of her medication; (4) the trial court erred by admitting still photographs taken from a video; (5) the trial court failed to dismiss the speeding charge because it was not included in the indictment; (6) the trial court erred in sentencing; and (7) the trial court erred in revoking her bond pending appeal. Upon review, we conclude that the trial court erred by imposing a thirty-day sentence for violating the open container law; accordingly, the case must be remanded for correction of the judgment of conviction to reflect that the punishment is a $50 fine. Further, on remand the judgment of conviction for speeding must be vacated and dismissed. We affirm the trial court’s judgments in all other respects.

The pro se Petitioner, Kenneth O. Williams, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition.

The Defendant, Nicholas J. Alberts, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Rule 36.1, Tennessee Rules of Criminal Procedure. Following our review, we affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals.

The pro se Petitioner, Justin Daniel Loines, appeals the dismissal of his petition for postconviction relief as time-barred. Following our review, we affirm the judgment of the post-conviction court summarily dismissing the petition on the basis that it was filed almost six years after the judgment became final and that the Petitioner failed to show any grounds to warrant that the statute of limitations be tolled.

The Defendant, Timothy Pate, was convicted by a jury of first degree premeditated murder, first degree felony murder, tampering with evidence, and abuse of a corpse. See Tenn. Code Ann. §§ 39-13-202, -16-503, -17-312. The trial court merged the two first degree murder convictions and imposed a total effective sentence of life imprisonment. On appeal, the Defendant contends that he was denied his right to a fair trial by an impartial jury because a written juror question demonstrated that one of the jurors had “a decided prejudice and bias” against the Defendant. Following our review, we affirm the judgments of the trial court.

The defendant, Denton Jones, appeals his Knox County Criminal Court jury conviction of theft of property valued at $1,000 or more, arguing that the State should not have been permitted to aggregate into a single count of theft the value of property taken on five separate occasions from two different locations; that the trial court erred by permitting testimony concerning evidence that suggested the defendant had committed other offenses; that the trial court erred by denying his motions for mistrial, including one based upon an alleged violation of Brady v. Maryland; that the evidence was insufficient to support his conviction; and that the cumulative effect of the errors at trial entitle him to a new trial. Discerning no error, we affirm.

The Defendant, Franklin James Howe, appeals the Hamilton County Criminal Court’s order revoking his probation and ordering him to serve his sentence in confinement. The State has filed a motion to affirm the trial court’s order pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court.

Defendant, Quincy D. Scott, appeals his conviction for aggravated robbery for which he was sentenced to seventeen years as a Range II, multiple offender at 85%. On appeal, Defendant contends that the cumulative effect of various errors at trial entitled him to a new trial. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court.

The Petitioner, Chris Jones, appeals the dismissal of his petition for post-conviction relief upon the post-conviction court’s determination that it was filed outside the statute of limitations and that the Petitioner failed to prove that his mental incompetence required its tolling. After review, we affirm the dismissal of the petition.

The Petitioner, Richard Earl Madkins, Jr., filed a petition in the Trousdale County Circuit Court seeking habeas corpus relief from his conviction of especially aggravated robbery and resulting twenty-five-year sentence, alleging that the trial court did not have jurisdiction to convict or sentence him because he was arrested for the offense without a warrant. The habeas corpus court denied relief without a hearing, and the Petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court.