APPELLATE COURT OPINIONS

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, Clarence Dewayne Hayes, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief, in which he alleged the ineffective assistance of trial counsel and the misconduct of the prosecutor. We affirm the order of the post-conviction court.

Defendant, Dustin Marshall Goforth, was serving a suspended eight-year sentence on supervised probation. Violation of probation warrants were filed, and his suspended sentence was revoked after an evidentiary hearing. The trial court ordered the sentence to be served by incarceration in the Department of Correction. In his sole issue on appeal, Defendant asserts that the trial court erred by denying Defendant’s motion for the judge to recuse himself in this case prior to the evidentiary hearing. After review, we affirm the judgment of the trial court.

Defendant, Lavario Devon Kibble, entered guilty pleas to reckless endangerment and aggravated assault pursuant to a negotiated plea agreement. Under the agreement he received consecutive sentences of one year for reckless endangerment and four years for aggravated assault. The manner of service of the effective sentence of five years was left to determination by the trial court after a sentencing hearing. The trial court ordered the sentences to be served totally by incarceration. Defendant appeals, arguing that the trial court should have ordered an alternative sentence of either split confinement or periodic confinement. After a thorough review, we affirm the judgments of the trial court.

Appellant, Darrell Carpenter, was indicted by the Shelby County Grand Jury for second degree murder in November of 2007. At the conclusion of a jury trial, he was convicted of the offense as charged in the indictment and sentenced to twenty years in incarceration as a violent offender. After the denial of a motion for new trial, Appellant did not seek an appeal. Appellant subsequently filed a petition for post-conviction relief in which he sought a delayed appeal pursuant to Tennessee Code Annotated section 40-30-113. The trial court granted the motion for delayed appeal. In this Court, Appellant challenges the sufficiency of the evidence resulting in his second degree murder conviction. After a review of the record and the applicable authorities, we conclude that the evidence at trial was sufficient to support the conviction. Accordingly, Appellant is not entitled to relief, and the judgment of the trial court is affirmed.

Pursuant to this court’s opinion in Stephen Anthony Scott v. State, No. M2010-00448-CCA-R3-PC, 2011 Tenn. Crim. App. LEXIS 632, at *5 (Nashville, Aug. 16, 2011), the Montgomery County Circuit Court resentenced the appellant, Stephen Anthony Scott, to the presumptive minimum sentence in the range for his convictions of aggravated robbery, attempted aggravated robbery, especially aggravated kidnapping, aggravated kidnapping, and attempted robbery. Six months later, the trial court found the appellant to be an especially mitigated offender and further reduced his sentences for count 3, especially aggravated kidnapping, and count 4, kidnapping, by ten percent. On appeal, the appellant contends that the trial court erred by not allowing him to be sentenced pursuant to the 2005 amendments to the Tennessee Sentencing Reform Act of 1989, that the trial court erred by failing to sentence him as an especially mitigated offender for all of the offenses, and that his sentences violate Blakely v. Washington, 542 U.S. 296 (2004). Based upon the record and the parties’ briefs, we conclude that the trial court was without jurisdiction to classify the appellant as an especially mitigated offender and could not reduce his sentences by ten percent. Therefore, the case is remanded to the trial court for reinstatement of his previous sentences for counts 3 and 4. Regarding the issues raised on appeal, we conclude that the appellant is not entitled to relief and affirm the judgments of the trial court.

Following a jury trial, the defendant, Dameon Williams, was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range I, standard offender to six years in the county workhouse. On appeal, he argues that the trial court erred in admitting an autopsy photograph of the victim’s skull and that the evidence is insufficient to support his conviction. Based upon our review, we affirm the judgment of the trial court.

The appellant, Kevin Bell, appeals the trial court’s revocation of his probationary sentence and challenges the imposition of the original sentence to be served in confinement. Upon review, we affirm the judgment of the trial court.

Appellant, Felton Neville Jackson, was indicted by a Wilson County grand jury for especially aggravated robbery and aggravated assault. He was convicted of both charges, and the trial court sentenced him to concurrent sentences of twenty-five years and six years, respectively. He now appeals his convictions and sentences on the following grounds: (1) the trial court erred by allowing a police officer to offer an allegedly testimonial statement attributed to the victim; (2) the evidence was insufficient to sustain his convictions; and (3) his sentences are excessive. Following our review, we discern no error and affirm appellant’s convictions. However, we vacate the judgments in this case and remand this cause for entry of a single judgment of conviction noting merger of the aggravated assault conviction into the especially aggravated robbery conviction.

The Petitioner, Jeremy Keeton, appeals as of right from the Wayne County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel because his trial counsel failed to secure the appearance of several witnesses at his trial. Discerning no error, we affirm the judgment of the post-conviction court.

Petitioner, Venus L. Viera, plead guilty in the Davidson County Criminal Court to one count of aggravated robbery. Pursuant to her plea agreement, Petitioner agreed to a sentence of eight years to be served at eighty-five percent incarceration. Petitioner filed a petition for post-conviction relief in which she argued that she was afforded ineffective assistance of counsel and that she entered her guilty plea unknowingly and involuntarily. The post-conviction court held an evidentiary hearing and subsequently entered a written order denying the petition. Petitioner appeals to this Court. After a thorough review of the record, we conclude that the denial of the petition should be affirmed. However, in our review of the record, we have discovered that the judgment form provides that the sentence is eight years to be served at 100 percent. Therefore, in addition to affirming the denial of the petition for post-conviction relief, we remand for the entry of a corrected judgment.

The Petitioner, Antoinette Hill, appeals the Knox County Criminal Court’s summary dismissal of her petition for a writ of error coram nobis. She asserts that newly discovered evidence, namely an addiction to alcohol and pills by the trial court judge who presided over her trial for first degree premeditated murder, warrants a new trial. Upon review, we affirm the judgment of the coram nobis court.

The Defendant, William Albert Kelly, appeals the Sumner County Criminal Court’s order revoking his probation for perjury and attempted failure to report as a sex offender and ordering his effective two-year, eleven-month, and twenty-nine-day sentence into execution. The Defendant contends that the trial court (1) abused its discretion by revoking his probation and (2) illegally recommended that he not be eligible for release after serving thirty percent of his sentence. We affirm the judgment of the trial court.

The Defendant, Dante Devon Omar Truitt, pled guilty to explosive weapon possession with an agreed eight-year sentence as a Range I, standard offender. At a subsequent sentencing hearing, the trial court sentenced the Defendant to serve the eight-year sentence in the Tennessee Department of Correction. The Defendant appeals, asserting that the trial court erred when it denied alternative sentencing. After a thorough review of the record and applicable law, we find no error in the trial court’s judgment.

Appellee, Jay Hart Frier, was indicted by the Williamson County Grand Jury for driving under the influence (“DUI”), DUI per se, DUI with a blood alcohol concentration of .20% or more, and DUI second offense. Prior to trial, Appellee filed a motion in limine to dismiss the last count of the indictment based on the fact that his prior DUI was facially invalid. The trial court held a hearing and denied the motion. Appellee filed a motion to reconsider. The trial court ultimately granted the motion in limine and dismissed the last count of the indictment. The State sought reconsideration of the ruling. The trial court declined to reconsider. The State sought an interlocutory appeal. The trial court denied the application. The State then sought an extraordinary appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. This Court granted the application. On appeal, after a review of the record and applicable authorities, we determine that the trial court improperly dismissed the indictment where Appellant sought to collaterally attack his previous conviction rather than seeking review of the underlying conviction via a writ of habeas corpus. As a result, thedecision of the trial court is reversed. On remand, the indictment should be reinstated and the matter set for further proceedings.

The petitioner, Timothy R. Chatmon, filed in the Hamilton County Criminal Court a petition for a writ of habeas corpus, seeking relief from his two convictions for possession of cocaine with the intent to sell. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court.

The petitioner, Stephan L. Beasley, Sr., filed for habeas corpus relief from his conviction for first degree murder. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court.

The Petitioner, Jason Clark, appeals the Wayne County Circuit Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that the habeas corpus court erred when it dismissed his petition without providing a reason for the dismissal in its order, depriving the Petitioner of an opportunity to respond. Upon a review of the record in this case, we are persuaded that the habeas court properly dismissed the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed.

The Petitioner, Ako Hassan Nejad, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2008 convictions for conspiracy to commit first degree murder and attempt to commit second degree murder and his effective Range I, thirty-seven-year sentence. The Petitioner contends that he received the ineffective assistance of counsel because counsel failed to call a material witness and failed to present a defense. We affirm the judgment of the trial court.

The Petitioner, Kevin D. McMillan, pled guilty to the sale of a controlled substance, less than 0.5 grams of cocaine. The trial court sentenced the Petitioner to three years of incarceration, to be served consecutively to two other convictions, in the Tennessee Department of Correction. The Petitioner filed a pro se petition for a writ of habeas corpus, which the habeas court summarily dismissed. On appeal, the Petitioner contends that the habeas court erred when it summarily dismissed his petition. After a thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment.

Appellant, Joseph W. Jones, pleaded guilty to sale of a Schedule II controlled substance and received a three-year sentence, suspended to probation. A violation of probation warrant was subsequently filed, alleging that he had violated a condition of his probation by testing positive for methamphetamine on a drug screen. The trial court revoked his probation, and this appeal follows. Appellant now alleges that the trial court erred in admitting the laboratory report of his drug test without the proper chain of custody and that the trial court should have extended his probation rather than ordering execution of his sentence. Following our review, we affirm the judgment of the trial court.

This matter is before the Court upon the State’s motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Jarrell Antonio Campbell, has appealed the habeas corpus court’s order dismissing his petition for writ of habeas corpus in which Petitioner alleged that his conviction for possession of less than .5 grams of cocaine with intent to sell or deliver was void because it was not ordered to be served consecutively to a previous conviction for which he was on parole at the time he committed the offense. 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, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

The defendant, Norman G. Page, was convicted by a Williamson County Circuit Court jury of theft of property valued over $1,000 but less than $10,000, a Class D felony, and was sentenced to twelve years as a career offender in the Department of Correction.  On appeal, he challenges the sufficiency of the convicting evidence.  After review, we affirm the judgment of the trial court. 
 

The defendant, Ronnie Joe Stokes, was convicted by a Cumberland County Criminal Court jury of robbery, a Class C felony, and sentenced to twelve years as a persistent offender in the Department of Correction. On appeal, he argues that the trial court erred in overruling his motion for new trial because a juror was exposed to extraneous prejudicial information. After review, we affirm the judgment of the trial court.

Appellant, Nora Hernandez, was convicted by a jury of two counts of felony failure to appear.  The trial court merged the convictions and sentenced her to two years, suspended after service of twenty-five days.  On appeal, appellant argues that: (1) her action in failing to report to the jail to serve a delayed sentence did not constitute the criminal offense of failure to appear; (2) the trial court erred by failing to dismiss the indictment based on prosecutorial vindictiveness; (3) her conviction should be dismissed because the jury only found her guilty of the elements of misdemeanor failure to appear, an offense for which the statute of limitations had passed; and (4) the trial court erred in sentencing.  Following our review, we affirm appellant’s convictions, but we vacate the two failure to appear judgments and remand the case for entry of a single judgment reflecting the merger of these convictions