APPELLATE COURT OPINIONS

The Petitioner, Harvey Taylor, pled guilty to rape, a Class B felony, and, pursuant to the plea agreement, the trial court sentenced him to twelve years in the Tennessee Department of Correction. The Petitioner timely filed a petition for post-conviction relief claiming that his guilty plea was not knowing and voluntary because he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of the petition.

The Criminal Court for Campbell County sentenced the Defendant, Kevin C. Potter, to fifteen years of probation for multiple offenses that occurred between 2009 and 2011. In late 2011, the Defendant’s probation officer filed an affidavit seeking a probation violation warrant for the Defendant’s arrest. After a hearing, the trial court revoked the Defendant’s probation and ordered that he serve his sentence in confinement. On appeal, the Defendant contends he was denied a fair hearing on the probation violation warrant and that the trial court erred because it failed to make specific findings of fact. The State agrees, and it asks us to reverse the case and remand it to the trial court for an order containing specific factual findings based upon the proof adduced at the revocation hearing. After a thorough review of the record and applicable authorities, we agree with the parties. We, therefore, reverse the judgment of the trial court and remand for entry of an order that sets forth specific factual findings for the revocation of probation.

The defendant, Antwain Green, was convicted of two counts of attempted second degree murder of Anthony Fizer and Carrie Searcy, Class B felonies, and three counts of aggravated assaults on, Fizer, Searcy and Laura Dykes, Class C felonies. The aggravated assault convictions of Fizer and Searcy merged with the two attempted second degree murder convictions. The defendant was sentenced as a Range II offender to eighteen- year terms for each attempted murder conviction and a nine- year term for the aggravated assault conviction of Dykes, to be served consecutively to each other for an effective sentence of forty-five years. The defendant appeals his convictions and sentences, asserting that the evidence introduced at trial was insufficient to sustain the convictions, that a witness was improperly permitted to testify regarding one victim’s identification of the defendant, and that his sentences are improper and excessive. Having reviewed the record, we conclude that the evidence was sufficient to sustain the convictions, that the error in admitting the testimony regarding identification was harmless, and that the trial court did not abuse its discretion in sentencing. Accordingly, we affirm the judgments of convictions and sentences of the trial court.

The petitioner, Antonio D. Vaughn, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel due to counsel’s failure to adequately communicate with him. After review, we affirm the denial of the petition.

The appellant, Bobby Lee Johnson, pled guilty to one count of possession of morphine with intent to sell, a Class B felony; one count of driving under the influence, a Class A misdemeanor; and one count of aggravated burglary, a Class C felony. See Tenn. Code Ann. §§ 39-17-417, 55-10-401, 39-14-403. Following a sentencing hearing, appellant was sentenced to an effective sentence of eight years to be served in confinement. In this appeal as of right, appellant contends that the trial court erred by denying his request for alternative sentencing. We affirm the trial court’s sentence.

A Cocke County jury convicted the Petitioner, Billy Joe Carter, of first degree murder, first degree felony murder, and especially aggravated robbery. The jury sentenced him to life in the Department of Correction without the possibility of parole for the two first degree murder convictions, and the trial court sentenced him to 40 years in the Department of Correction as a Range II, multiple offender for the especially aggravated robbery conviction. On direct appeal, this Court ordered the trial court to merge the two first degree murder convictions, and we affirmed the Petitioner’s convictions in all other respects. State v. Billy Joe Carter, No. E2005-01282-CCA-R3-CD, 2007 WL 1515010 (Tenn. Crim. App. May 24, 2007), perm. app. denied (Tenn. Aug. 13, 2007). The Petitioner filed a petition for post-conviction relief claiming that he received the ineffective assistance of counsel because his trial counsel failed to request a pre-trial mental evaluation of him. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of his petition.

The Petitioner, Abisai U. Maldonado, appeals as of right from the Shelby County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that he received an illegal, one-year sentence for a misdemeanor conviction. Following our review, we affirm the judgment of the habeas corpus court.

The Defendant, Leia Mellott, challenges her jury conviction for filing a false report, contending that the evidence presented at trial was insufficient to sustain her conviction. Following our review, we conclude that the evidence is insufficient to support the jury’s verdict that the Defendant made a knowingly false statement to law enforcement to obstruct their apprehension of a fugitive and reverse the judgment of the trial court.

A Davidson County jury convicted the Defendant, Mousen Yisak Aden, of aggravated robbery. The trial court sentenced the Defendant to eleven years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his conviction and that his sentence is excessive. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Appellant, Mark Zane Gibson, was indicted by the Monroe County Grand Jury for one count each of aggravated sexual battery, rape, and incest. At the conclusion of trial, the jury convicted Appellant of attempted aggravated sexual battery and rape. The trial court sentenced Appellant to an effective sentence of fifteen years. On appeal, Appellant argues that the evidence was insufficient to support his convictions and that the trial court erred in setting the length of his sentences by not applying any mitigating factors and in denying his request for alternative sentencing. We conclude that the evidence was sufficient to support the convictions. With regard to his sentence, Appellant committed the crime between July 1, 1982, and June 7, 2005. Therefore, the prior sentencing law should apply to his sentence unless Appellant executed an ex post facto waiver. There is no such waiver in the record, and it appears that the trial court applied the new sentencing act when sentencing Appellant. Therefore, Appellant’s sentence must be reversed and a new sentencing hearing must be held. For these reasons, we affirm Appellant’s convictions and reverse his sentence and remand for a new sentencing hearing.

The Petitioner, Curtis Keller, appeals the Circuit Court of Lauderdale County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

Following a jury trial, Defendant, Gregory G. Spiceland, was convicted of one count of initiating the process to manufacture methamphetamine and one count of promotion of methamphetamine manufacture. Following a sentencing hearing, the trial court sentenced Defendant to eight years and two years respectively for his convictions, and the sentences were ordered to run concurrently. Defendant was ordered to serve a sentence of split confinement with one year of his effective sentence in confinement and the remainder suspended on probation. In this direct appeal, Defendant contends that the trial court erred by ordering a sentence of split confinement. Specifically, Defendant argues that the trial court should not have found that Defendant was engaged in a pattern of criminal conduct and that Defendant’s failure to complete his presentence report indicated that Defendant would not be successful on probation. Defendant also contends that the trial court erred by not ordering Defendant to serve his sentence on community corrections. Following a review of the record, we find that the trial court abused its discretion by ordering Defendant to serve a full year of his sentence by incarceration. We therefore reverse Defendant’s sentence and modify it so that Defendant serves 30 days of his sentence in confinement with the balance of his effective sentence served on probation, and remand to the trial court for entry of a judgment in accordance with this opinion.

The petitioner, Evetta Mai McGee, appeals the denial of her petition for post-conviction relief. The petitioner entered an open plea to one count of rape and was subsequently sentenced to a term of eleven years in the Department of Correction. On appeal, she contends that her plea was not entered knowingly and voluntarily because she did not comprehend that a "best interest" plea was actually a plea of guilty. She further contends that her plea was not proper because trial counsel was ineffective in failing to adequately prepare and interview witnesses. Following review of the record, the denial of post-conviction relief is affirmed.

The petitioner, John Joseph Kratochvil, appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to second degree murder and received an agreed to sentence, out of range, of thirty-five years as a multiple offender. On appeal, he contends that his plea was not entered knowingly and voluntarily because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to explain the difference between Range I and II sentences, sentencing outside of range, and the elements of the crime; (2) failing to inquire, investigate, or explain how the various circumstance in his case might have led to a competent defense involving "heat of passion"; (3) failing to investigate and move to suppress search warrants issued in the case; and (4) failing to inform the petitioner that the prosecution was statutorily required to provide a Notice of Enhanced Punishment within ten days of trial. Following review of the record, we affirm the denial of post-conviction relief.

The Petitioner, Timothy A. Baxter, appeals the Circuit Court of Madison County’s dismissal of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

The Defendant, William Benton Pamplin, pled guilty to burglary of an automobile, vandalism, burning of personal property, and possession of a weapon by a felon. The trial court sentenced him to a six-year sentence, which was to be served on probation. The Defendant’s probation officer filed a probation violation warrant, alleging the Defendant had violated the terms of his probation by filing a false police report. After a hearing, the trial court agreed and revoked the Defendant’s probation. On appeal, the Defendant contends that the trial court improperly ordered him to serve the balance of his sentence in confinement. After a thorough review of the record and applicable authorities, we conclude that the trial court did not err when it revoked the Defendant’s probation and ordered the Defendant to serve the balance of his sentence in confinement. We, therefore, affirm the trial court’s judgment.

Petitioner, Jarvis McClain, entered a guilty plea in the Shelby County Criminal Court to especially aggravated robbery and received the agreed-upon sentence of thirteen and one-half years in prison as a mitigated offender to be served at 100% release eligibility. He filed a petition for post-conviction relief, which was denied after an evidentiary hearing. In this appeal, petitioner claims that trial counsel was ineffective for several reasons: (1) failing to explain the terms of his plea agreement; (2) failing to explain the range of punishment for the offense for which petitioner was indicted; and (3) failing to disclose to petitioner evidence discovered by the investigator. He also claims that the ineffective assistance of counsel rendered his guilty plea involuntary. Following our review, we affirm the judgment of the post-conviction court.

The Defendant, Cleo D. Gadson, entered a best interest guilty plea to attempted second degree murder, agreeing to allow the trial court to determine his sentence. After a sentencing hearing, the trial court sentenced the Defendant to nine years, to be served at 30%. On appeal, the Defendant contends that the trial court erred when it sentenced him because it improperly considered written statements of persons other than the victim. He further contends that the manner of the service of his sentence is excessive. After a thorough review of the record and applicable authorities, we conclude that there is no error. We, therefore, affirm the trial court’s judgment.

Ken Parker (“the Defendant”) was convicted by a jury of first degree felony murder and first degree premeditated murder. The trial court merged the first degree premeditated murder conviction into the first degree felony murder conviction and sentenced the Defendant to life imprisonment. On appeal, the Defendant asserts that the trial court erred in not granting a mistrial with respect to a police officer’s testimony. Additionally, the Defendant alleges that the evidence presented at trial was insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the Defendant’s convictions.

Appellant, Khalid Bashir, was stopped while driving on I-75 North in Bradley County, Tennessee. Tennessee State Troopers issued a speeding citation and searched the vehicle. During the search, they discovered a large bag of marijuana, cocaine, Ecstasy, and two digital scales. The Bradley County Grand Jury indicted Appellant for speeding; driving on a revoked license, second offense; criminal impersonation; possession of cocaine; possession of marijuana; possession of a Schedule I drug; and possession of drug paraphernalia. Appellant filed a motion to suppress the evidence discovered in the vehicle, arguing that the investigatory stop, length of detention, and warrantless search of his vehicle and backpack were unconstitutional. The trial court denied the motion. Appellant appeals the denial of his motion. After a thorough review of the record, we conclude that the traffic stop was supported by probable cause and the trooper had probable cause to search the vehicle and backpack. Therefore, we affirm the denial of the motion to suppress.

The petitioner, Roger T. Johnson, appeals the Davidson County Criminal Court’s summary dismissal of his pro se petition for a writ of error coram nobis. The petitioner maintains that the dismissal was error because newly discovered evidence reveals that his guilty pleas were the result of fraud; therefore, his pleas were not knowingly and voluntarily entered. Upon review, we affirm the judgment of the coram nobis court.

David Paul Zwarton ("the Defendant") pleaded guilty to one count of theft of property of $1,000 or more but less than $10,000. Pursuant to the plea agreement, the Defendant was sentenced as a Range I, standard offender to three years, leaving the trial court to determine whether the sentence would be served concurrently or consecutively to a four-year sentence imposed by the Coffee County Circuit Court. After a hearing, the trial court ordered that the Defendant serve his three-year sentence consecutively to his Coffee County sentence. The Defendant appealed the trial court’s ruling. Upon our thorough review of the record, we affirm the judgment of the trial court.

The Defendant-Appellant, Frank L. Glavin, appeals his convictions for evading arrest, a Class E felony, and violating the noncriminal implied consent law. He argues on appeal that the evidence was insufficient to support the aforementioned convictions. Upon review, we affirm the judgment of conviction for evading arrest, and we reverse and vacate the judgment of conviction for violating the noncriminal implied consent law.

I respectfully disagree with the conclusion by the majority to vacate the Defendant’s conviction for violating the implied consent law. On appeal, the Defendant specifically argues that there was insufficient evidence to convict him of violating the implied consent law. The majority vacates the Defendant’s conviction for violating the implied consent law on procedural grounds, an argument not made by the Defendant on appeal.

The defendant, Steven Hood, pled guilty to robbery and aggravated assault, Class C felonies, in exchange for an effective sentence of eight years, and the trial court imposed a sentence of incarceration. On appeal, the defendant challenges the trial court’s denial of community corrections. After review, we affirm the trial court’s sentencing decision.