APPELLATE COURT OPINIONS

The petitioner, Ronald L. Allen, filed a petition for habeas corpus relief in the Lake County Circuit Court challenging his 2003 conviction of rape of a child. Because the petition fails to present a cognizable claim for habeas corpus relief, we affirm the habeas corpus court’s summary dismissal of the petition.

The defendant, Romilus Caraway, appeals his Shelby County Criminal Court jury convictions of aggravated robbery and aggravated kidnapping, claiming that the trial court erred by denying his motions to exclude certain evidence at trial and by permitting the jury to deliberate a second day. In addition, the defendant claims that the evidence is insufficient to support his convictions. Discerning no error, we affirm.

The defendants, Charles Hampton and Deanthony Perry, were convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. In this consolidated appeal, Defendant Perry argues that the trial court committed plain error by failing to instruct the jury that Ladarrius Borrum was an accomplice as a matter of law and that the evidence presented at trial is insufficient to sustain his conviction for first degree murder. Defendant Hampton argues that the trial court erred in denying his right to compulsory process and excluding relevant evidence, as well as challenges the sufficiency of the evidence convicting him of first degree murder. After review, we affirm the judgments of the trial court.

A Shelby County jury convicted the Defendant, Jermaine Davis, of nine counts of aggravated rape, and the trial court ordered him to serve an effective sentence of seventy-five years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the trial court committed plain error when it included “recklessness” in the definition of aggravated rape in the jury instruction; (2) the trial court committed plain error by failing to instruct the jury on voluntary intoxication; (3) the trial court committed plain error by failing to compel the State to elect facts to support three of the counts charged; (4) the evidence is insufficient to sustain his convictions; (5) the trial court erred when it sentenced the Defendant by ordering him to serve twenty-five years for each of the convictions and by imposing partial consecutive sentencing. After a thorough review of the record and applicable authorities, we affirm the judgments of the trial court.

The defendant, Jacob Aaron Ervin, was convicted by a Marshall County jury of simple assault, a Class A misdemeanor, and was sentenced by the trial court to eleven months, twenty-nine days in jail at 75%.  On appeal, he challenges the sufficiency of the evidence and argues that the trial court imposed an excessive sentence.  Following our review, we affirm the judgment of the trial court.

Appellant, Kenneth Krasovic, was charged with one count of vehicular homicide by reckless conduct and five counts of reckless endangerment with a deadly weapon stemming from an automobile crash that occurred in Grundy County.  The jury found Appellant guilty on all counts and the trial court sentenced Appellant to a total effective sentence of twelve years and six months.  Appellant filed a motion for a new trial which was denied after a hearing.  Appellant then filed this appeal, arguing (1) that the evidence was insufficient to support the convictions, and (2) that the trial court improperly limited counsel’s closing argument as to the defense of “sudden emergency.”  Upon review of the record, we find that the evidence presented at trial was sufficient to support the convictions and that there was no improper limitation of defense counsel’s closing argument.  We affirm the decision of the trial court.

The Petitioner, Michael Daniels, appeals the Hamilton County Criminal Court’s denial of post-conviction relief from his convictions for first degree murder and conspiracy to commit first degree murder. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.

Petitioner, Marvin Green, appeals the Lauderdale County Circuit Court's summary dismissal of his petition for habeas corpus relief in which he alleged that an insufficient indictment and an improper offense classification rendered his conviction void. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition for habeas corpus relief and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the judgment of the trial court is affirmed.

Appellant, Walter Lee Hicks Jr., was convicted by a Marshall County jury of numerous offenses  that arose from an encounter with an officer of the Tennessee Highway Patrol.  The sentences imposed included four years for reckless endangerment with a deadly weapon, eight years for evading arrest and creating a risk of death and injury, and five years for giving a false report.  The trial court ordered that the sentences be served consecutively, with all remaining sentences to be served concurrently, for a total effective sentence of seventeen years at thirty-five percent.  Appellant argues (1) that the evidence was insufficient to support his convictions for reckless endangerment and giving a false report, and (2) that the sentence imposed was excessive and contrary to law.  After thoroughly examining the record, we find no error in either the verdicts or the sentence, and we affirm the trial court.  However, we remand to the trial court for correction of the judgment to reflect that Appellant’s convictions for assault and felony reckless endangerment are merged.

The Petitioner, Cortez Griffin, appeals as of right from the Shelby County Criminal Court’s denial of post-conviction relief following an evidentiary hearing. In his petition, the Petitioner attacked his convictions for felony murder, especially aggravated robbery, and criminally negligent homicide, arguing, among other things, that he received the ineffective assistance of counsel due to counsel’s failure to file a motion to sever the robbery and murder offenses or pursue the trial court’s joinder of those offenses on direct appeal. On appeal, he challenges the denial of relief on the aforementioned bases and whether adequate findings were made by the post-conviction court. However, following our review of the record, we conclude that the petition is untimely. Therefore, the appeal is dismissed.

The Circuit Court of Montgomery County revoked the probation of Appellant, Justin David Fife, after he failed to report that he had been arrested for assault and was found to be in “constructive possession” of a handgun.  He argues on appeal that the gun was not his, that the discovery of the gun was the product of an illegal search, and that the trial court erred by denying his motion to suppress the evidence about the weapon.  After carefully examining the evidence, we affirm the Circuit Court’s judgment.

Appellant, Shira Jean Stafford, was indicted by the Jackson County Grand Jury for preventing or obstructing a law enforcement officer from effecting a stop, frisk, halt, or arrest in violation of Tennessee Code Annotated section 39-16-602.  She was convicted by a jury and sentenced to six months, to be served on probation.  After the denial of a motion for new trial, she appealed.  Appellant challenges the sufficiency of the evidence; the trial court’s decision to allow evidence regarding a civil case during the criminal trial; and the trial court’s failure to issue a curative instruction to the jury.  After a review of the record and applicable authorities, we affirm the judgment of the trial court.

Petitioner, Oscar Berry, was convicted of first degree murder in 1991 and was sentenced to life imprisonment.  He filed a direct appeal of his conviction, which was dismissed by this Court in 1992.  State v. Oscar Thomas Berry, No. 01-C01-9201-CR-00033, 1992 WL 275402 (Tenn. Crim. App., at Nashville, Oct. 8, 1992).  His petition for post-conviction relief, filed in 1997, was dismissed by the trial court as untimely.  In 2013, Petitioner filed a motion to reopen the post-conviction proceedings.  He contended that several recent decisions by the United States Supreme Court established constitutional rights in post-conviction proceedings that did not exist at the time of his conviction, thereby allowing his case to be re-opened under the authority of Tennessee Code Annotated §  40-30-117(a)(1).  The trial court rejected his theory and dismissed his motion.  After careful review of the controlling law, we affirm.

The Defendant, Jennifer Leigh Salyers, pled guilty to two counts of reckless aggravated assault. The trial court denied the Defendant’s application for judicial diversion and sentenced her to serve sixty days in jail, followed by two years of supervised probation. The Defendant asserts that the trial court erred when it denied her application for judicial diversion and a sentence of full probation. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

The petitioner, Antonio Santial Jones, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of second degree murder and is currently serving a sentence of twenty-two years in the Department of Correction. On appeal, he contends that trial counsel was ineffective for failing to supply the petitioner with discovery, only beginning preparation for trial the day before, failing to convey a plea offer to the petitioner, and ignoring the self-defense claim asserted by the petitioner. Following review of the record, we affirm the denial of post-conviction relief.

The Petitioner, Montrel Gilliam, appeals from the denial of post-conviction relief by the Criminal Court for Shelby County. He was convicted of first degree premeditated murder and three counts of attempted first degree murder and received an effective sentence of life imprisonment plus sixty-seven years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon our review, we affirm the judgment of the post-conviction court.

The Petitioner, Albert Wayne Franchek, Jr., appeals the Sumner County Criminal Court’s denial of his petition for post-conviction relief from his guilty plea to selling one-half gram or more of a Schedule II controlled substance, a Class B felony, and resulting eight-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel and that he did not plead guilty knowingly and voluntarily. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Defendant, Daniel Muhammad, and his co-defendant Michael Taylor were indicted by the Shelby County Grand Jury for aggravated arson. Defendant filed a motion to have his case severed from that of his co-defendant. The trial court denied Defendant’s motion. Following a jury trial, Defendant was convicted of the lesser included offense of facilitation of aggravated arson. The jury was unable to reach a verdict as to co-defendant Taylor, and the trial court declared a mistrial. Defendant was sentenced as a Range II multiple offender to 12 years of incarceration. Defendant appeals his conviction and raises the following issues for our review: 1) whether the trial court abused its discretion in denying Defendant’s motion to sever; 2) whether the trial court erred by not granting Defendant’s motion for a mistrial; and 3) whether the evidence was sufficient to sustain Defendant’s conviction. After a careful review of the record and the briefs of the parties, we affirm the judgment of the trial court.

A Davidson County Criminal Court Jury convicted the appellant, Joshua Allen Felts, on count one of theft of property valued less than $500, a Class A misdemeanor; on count two of attempted theft of property valued more than $1,000 but less than $10,000, a Class E felony; on count three of attempted theft of property valued more than $500 but less than $1,000, a Class A misdemeanor; and on counts four and five of theft of property valued more than $1,000 but less than $10,000, a Class D felony. The trial court imposed a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions, the trial court’s denial of his motion to suppress, and the State’s failure to preserve the chain of custody of the stolen items. Upon review, we affirm the appellant’s conviction in count five. However, the State concedes, and we agree, that the State failed to establish the value of the stolen items in the remaining counts; therefore, we remand to the trial court for amendment of the judgments of conviction in counts one and four to theft of property valued less than $500, a Class A misdemeanor, and to reflect the reduction in the sentence on each of those convictions to eleven months and twenty-nine days. Additionally, we remand to the trial court for amendment of the judgments of conviction in counts two and three to attempted theft of property valued less than $500, a Class B misdemeanor, and to reflect the reduction in the sentence on each of those convictions to six months.
 

Pursuant to a plea agreement, the Defendant, John Westin Massey, pled guilty to vehicular homicide and to driving while under the influence (“DUI”), which was merged with the vehicular homicide. The sentence was eight years with the trial court to determine the manner of service of his sentence. After a sentencing hearing, the trial court ordered the Defendant to serve his sentence in the Tennessee Department of Correction. The Defendant asserts that the sentence is excessive and that the trial court’s denial of an alternative sentence was improper based upon the facts of the case. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

A Davidson County jury convicted Defendant Brian Dunkley of conspiracy to commit first degree murder. The jury convicted Defendant William Miller of one count of conspiracy to commit first degree murder, one count of attempted aggravated burglary, and one count of attempted first degree murder. The trial court sentenced both defendants to effective sentences of twenty-five years in the Tennessee Department of Correction. On appeal, Defendant Dunkley asserts that: (1) the trial court erred when it admitted text messages into evidence pursuant to Tennessee Rule of Evidence 404(b); (2) the trial erred when it denied his motion for new trial because the trial court failed to function as the thirteenth juror and because newly discovered evidence warranted a new trial; (3) there is insufficient evidence to support his conviction; and (4) the trial court improperly applied enhancement factors when it sentenced him. Defendant Miller asserts that: (1) there is insufficient evidence to support his convictions; (2) the trial court erred when it denied his motion for new trial because the trial court failed to function as the thirteenth juror; and (3) the trial court erred when it imposed consecutive sentences. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.
 

The defendant, Lloyd Daniel Thompson, pled guilty in the Knox County Criminal Court to theft of property valued at $10,000 or more but less than $60,000, a Class C felony, and was sentenced by the trial court as a Range I, standard offender to three years in the Department of Correction, suspended to supervised probation. The trial court also ordered that the defendant pay $40,000 in restitution to the victim. In a timely appeal to this court, the defendant argues that the evidence at the restitution hearing did not support the trial court’s determination of the victim’s losses and that the trial court erred in ordering him to pay $40,000 in restitution without considering his resources and future ability to pay. Following our review, we affirm the trial court’s finding that the victim suffered $40,000 in losses but remand for the trial court to determine the defendant’s current financial resources and future ability to pay restitution.

The petitioner, Dennis Wade Suttles, appeals from the trial court’s denial of his petition in which he sought relief from his death sentence, claiming that he was intellectually disabled. On appeal, the petitioner contends that the trial court erred in denying (1) his petition for writ of error coram nobis, (2) his motion for a declaratory judgment, and (3) his stand-alone claim under the intellectual disability provisions in Tennessee Code Annotated section 39-13-203. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court.

Elmus Travis Gaylor (“the Defendant”) pleaded guilty to second degree murder and especially aggravated robbery. Following a sentencing hearing, the trial court ordered the Defendant to serve an effective sentence of twenty-five years. On appeal, the Defendant challenges the length of his sentence. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

Ashley K. Moyers (“the Defendant”) was convicted by a jury of sale or delivery of a Schedule II drug in a drug-free zone. Following a sentencing hearing, the trial court sentenced the Defendant to four years’ incarceration and imposed the $40,000 fine assessed by the jury. On appeal, the Defendant challenges the sufficiency of the evidence supporting her conviction. She also contends that her $40,000 fine is excessive. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction but decrease the Defendant’s fine from $40,000 to $2,000.