APPELLATE COURT OPINIONS

The Defendant-Appellant, David Allan Bohanon, entered guilty pleas to three counts of theft of property valued at $1,000 or more but less than $10,000, Class D felonies. See T.C.A. §§ 39-14-103, -105. Pursuant to the plea agreement, he received an effective three-year sentence to be served on community corrections. In a subsequent restitution hearing, the trial court also ordered him to pay a total of $16,575 in restitution at a rate of $200 per month. On appeal, the Defendant-Appellant argues that the trial court erred by setting an unreasonable amount in restitution based on the evidence presented at trial and his ability to pay. Upon review, we reverse the trial court’s order of restitution and remand the case for a new restitution hearing.

The Petitioner, Henry Alfred Honea, appeals the Coffee County Circuit Court’s denial of his petition for post-conviction relief from his 2006 convictions for first degree murder, especially aggravated robbery, especially aggravated kidnapping, aggravated burglary, evading arrest, and being a felon in possession of a handgun, and his effective sentence of life without parole plus 153 years. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.

A Maury County jury convicted the petitioner, Juan La Sean Perry, of second degree murder in November 2005, and the trial court sentenced him to twenty-five years in the department of correction. This court affirmed his conviction and sentence. See State v. Juan La Sean Perry, No. M2007-00903-CCA-R3-CD, 2008 WL 1875165, at *1 (Tenn. Crim. App. Apr. 28, 2008), no perm. app. filed. Nearly five years later, petitioner filed the instant petition for post-conviction relief, which the post-conviction court dismissed as untimely. On appeal, petitioner contends that due process principles should toll the statute of limitations and requests that this court remand for an evidentiary hearing. Following our review, we affirm the circuit court’s summary dismissal of the post-conviction petition.

Appellant, Jeffery W. Dean, challenges his convictions for aggravated kidnapping and carjacking, for which he received concurrent sentences of thirteen years. In this appeal, he contends that the evidence was insufficient to sustain either of his convictions. Following our review of the record, we affirm the judgments of the trial court.

A Hamilton County jury convicted the Defendant, Tracy A. Roberson, of one count of aggravated burglary, one count of especially aggravated kidnapping, one count of aggravated robbery, two counts of aggravated rape, one count of theft of property valued under $500.00, one count of theft of property valued over $1,000.00, and one count of theft of property valued over $60,000.00. For these convictions, the trial court sentenced the Defendant to serve an effective sentence of sixty years in the Tennessee Department of Correction. On appeal, the Defendant claims that: (1) the trial court erred when it denied his motion to suppress evidence obtained through an invalid search warrant; (2) the evidence is insufficient to support his convictions for especially aggravated kidnapping, theft of property valued over $1,000.00, and theft of property valued over $60,000.00; (3) the trial court failed to merge his convictions for aggravated robbery, aggravated kidnapping, and theft; (4) the trial court improperly instructed the jury on especially aggravated kidnapping; (5) the trial court erred when it ordered consecutive sentencing; (6) the trial court demonstrated bias against the Defendant; and (7) the cumulative effect of the errors deprived the Defendant of a fair trial. We conclude that there was insufficient evidence to support the Defendant’s conviction for theft of property valued over $60,000.00, and we modify the conviction to theft of property valued over $10,000.00. We further conclude that the theft of property valued under $500.00 should be merged into the aggravated robbery conviction. We affirm the trial court’s judgments in all other respects. The case is remanded for further proceedings consistent with this opinion.

The Petitioner, Wendolyn Walden, pled guilty to the sale of less than 0.5 grams of cocaine within a school zone. The trial court sentenced the Petitioner to eight years in the Tennessee Department of Correction. The Petitioner filed a petition seeking post-conviction relief almost two years after pleading guilty, which the post-conviction court summarily dismissed. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment.

Following a jury trial, the Defendant, Jamie N. Grimes, was convicted of selling .5 grams or more of cocaine within 1,000 feet of an elementary school, a Class A felony. See Tenn. Code Ann. §§ 39-17-417, -432. The trial court classified the Defendant as a Range II, multiple offender, and sentenced him to twenty-five years. In this appeal as of right, the Defendant contends (1) that this offense should have been mandatorily joined with another offense for which he had previously been tried and convicted; (2) that his Sixth Amendment right to a speedy trial was violated; (3) that the indictment against him was defective because it failed to cite to the drug-free school zone statute; (4) that the State improperly withheld its “contract” with the confidential informant used in this case; (5) that the trial court erred by allowing the jury to view a transcript of an audio recording of the offense; (6) that the evidence was insufficient to sustain the conviction; and (7) that his sentence is void because the trial court checked the box for a release eligibility of thirty-five percent on the judgment form rather than the box for 100% of the minimum sentence as mandated by the drug-free school zone statute. Following our review, we affirm the Defendant’s conviction and sentence. However, we remand the case to the trial court for correction of a clerical error regarding the Defendant’s release eligibility.

The Appellant, William Eugene Hall, was convicted of two counts of felony murder, three counts of first degree burglary, three counts of grand larceny, and one count of petit larceny. The Appellant received the death penalty for one of the murder convictions, a life sentence for the other, and an effective eighty-year sentence for the remaining convictions. The Appellant was unsuccessful in his original direct appeal. State v. Hall, 976 S.W.2d 121 (Tenn. 1998). The Appellant subsequently pursued post-conviction relief. This Court affirmed the trial court’s denial of that relief. William Eugene Hall v. State, No. M2005-02959-CCA-R3-PD, 2008 WL 2649637 (Tenn. Crim. App., July 7, 2008). The supreme court, however, has granted the Appellant a delayed appeal. This appeal stems from the original and amended motions for new trial, which the trial court denied. Following our review, we affirm.

Joshua Taylor (“the Defendant”) pleaded guilty to possession of .5 grams or more of cocaine with intent to sell and simple possession of marijuana. Pursuant to his plea agreement, the Defendant received an effective sentence of eight years. The plea agreement provided that the manner of service would be determined by the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve his sentence in confinement. The Defendant appealed, arguing that the trial court erred in denying alternative sentencing. Upon our thorough review of the record and applicable law, we affirm the judgments of the trial court.

The Defendant, Marcus Frazier Thompson, was convicted by a Madison County Circuit Court jury of five counts of aggravated robbery, Class B felonies. See T.C.A. § 39-13-402 (2010). He was sentenced as a career offender to ninety years to be served at sixty percent. On appeal he contends that (1) the evidence is insufficient to support the convictions, (2) the State improperly exercised a peremptory challenge on the basis of a prospective juror’s race, (3) a witness’s testimony should have been excluded due to a violation of the rule of sequestration, and (4) the trial court erred in admitting evidence of ammunition found during a search of the Defendant’s apartment. We affirm the judgments of the trial court.

The petitioner, Mack Transou, appeals the summary denial of his fourth pro se petition for writ of habeas corpus. In 1999, the petitioner pled guilty to driving after being declared a habitual motor vehicle offender and received a two-year sentence, which was to be served in Community Corrections after ninety days incarceration. Based upon a blood sample taken from the petitioner as part of the intake process, he was later convicted, in two separate cases, of two counts of rape, one count of sexual battery, and one count of aggravated burglary. He is currently serving an effective thirty-four year sentence in the Department of Correction on those convictions. On appeal, he contends that the habeas corpus court erred in summarily denying his petition. Following review of the record, we affirm the court’s determination.

The Petitioner, Joann G. Rosa, appeals the Knox County Criminal Court’s denial of her petition for a writ of error coram nobis regarding her conviction for first degree murder, for which she is serving a life sentence. The Petitioner contends that the trial judge who presided over her jury trial pleaded guilty to official misconduct, that the judge’s misconduct was newly discovered evidence entitling her to a new trial, that the judge’s misconduct created structural error entitling her to a new trial, and that the trial judge who denied coram nobis relief had a conflict of interest because she was mentioned in the Tennessee Bureau of Investigation (TBI) report regarding the misconduct allegation. We affirm the judgment of the trial court.

The petitioner, Gregory A. Hedges, filed in the Morgan County Criminal Court a habeas corpus petition, seeking relief from his convictions of aggravated robbery with a deadly weapon and aggravated kidnapping. The habeas corpus court summarily dismissed the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court.

The pro se appellant, Adrian Brown, appeals as of right from the McMinn County Circuit Court’s order denying his Tennessee Rule of Criminal Procedure 36 motion to correct clerical error. The State has filed a motion requesting that this court dismiss the appeal or, in the alternative, affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion to affirm by memorandum opinion is well-taken and affirm the judgment of the McMinn County Circuit Court.

The appellant, David Eugene Breezee, was convicted by Benton County Circuit Court juries of two counts of rape of a child and two counts of incest. On appeal, the appellant contends that his effective thirty-two-year sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

The Defendant, Justin Gibson, entered a guilty plea to driving under the influence, first offense. He agreed to a sentence of eleven months and twenty-nine days, all of which was suspended after seven days’ incarceration. As a condition of his guilty plea, the Defendant reserved a certified question of law challenging the warrantless search of his home as not justified by either consent or exigent circumstances. After a thorough review of the applicable law, we conclude that the officer’s entry into the Defendant’s home was supported by neither exigent circumstances nor as a part of the community caretaker function; therefore, the trial court erred when it denied the Defendant’s motion to suppress. Accordingly, we reverse the judgment of the trial court and dismiss the charge against the Defendant.

The petitioner, Yovonda Sherith Chambers, appeals the denial of her petition for post-conviction relief, arguing that she received ineffective assistance of counsel and that her guilty pleas were unknowing and involuntary. Following our review, we affirm the denial of the petition.

A Shelby County Criminal Court Jury convicted the appellant, William Lanier, of premeditated first degree murder, and the trial court sentenced him to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant asserts: (1) that he was denied his right to a speedy trial; (2) that the evidence was insufficient to sustain his conviction; (3) that the trial court erred in allowing Detective Anthony Mullins to testify as a blood spatter expert; (4) that the trial court erred in admitting blood spatter evidence that was insufficiently authenticated; (5) that the trial court improperly limited defense counsel’s cross-examination of witnesses; (6) that the State committed prosecutorial misconduct during its questioning of witnesses and closing argument; and (7) that the cumulative effect of the errors warrants a new trial. Upon review, we affirm the judgment of the trial court.

The petitioner, Anthony Whited, appeals the summary dismissal of his pro se petition for post-conviction relief, arguing that he presented a colorable claim for relief and that he should, therefore, have been afforded the assistance of post-conviction counsel and an evidentiary hearing. We agree. Accordingly, we reverse the judgment of the post-conviction court and remand for the appointment of post-conviction counsel and an evidentiary hearing.

The defendant, William Richard Hicks, alias Billy Richard Hicks, appeals from his convictions for various alcohol- and driving-related offenses, which we will detail, the most serious of which were DUI, tenth offense, and violation of the habitual motor vehicle offender (“HMVO”) statute. He was sentenced as a Range III, persistent offender to six years for each of these convictions, with the HMVO sentences to be served consecutively and the DUI and misdemeanor convictions to be served concurrently, for an effective sentence of eighteen years. From these sentences he appeals, arguing that his sentences are excessive and that the court erred in ordering they be served consecutively. Following our review, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 91142, Count 5, to reflect the length of the defendant’s sentence as eleven months, twenty-nine days, which was omitted.

James Earl Evans (“the Defendant”) pleaded guilty to one count of sale of less than 0.5 grams of cocaine. Pursuant to the plea agreement, the Defendant was sentenced to ten years’ probation. Upon the filing of a probation revocation warrant, the Defendant was taken into custody, and a revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve his original sentence of ten years’ incarceration. The Defendant has appealed the trial court’s ruling, asserting that the trial court erred in sentencing him to his original sentence in confinement. Upon a thorough review of the record, we affirm the trial court’s judgment.

The petitioner, Jarrett Inman, pled guilty in the Roane County Criminal Court to rape of a child, a Class A felony, and was sentenced to seventeen years at 100% in the Department of Correction. On appeal, he argues that the trial court erred by denying his motion to withdraw his guilty plea and his petition for writ of error coram nobis based on newly discovered evidence of the victim’s recantation. Following our review, we affirm the judgments of the trial court.

The petitioner, Broderick Joseph Smith, appeals the denial of his petition for post-conviction relief, arguing he received the ineffective assistance of counsel. After review, we affirm the denial of the petition.

The Petitioner, Nicholas Overbay, appeals the Sullivan County Criminal Court’s denial of post-conviction relief for his conviction for first degree murder and attempted first degree murder. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the decision of the post-conviction court.

Appellant, Xavion Lyndon Underwood, was convicted of aggravated robbery, for which he received a ten-year sentence. He appeals his conviction and sentence, arguing that the evidence was insufficient to support his conviction and that the trial court erred in sentencing him. Upon our review, we discern no error and affirm the judgment of the trial court.