APPELLATE COURT OPINIONS

The petitioner, Derron S. Guy, appeals the summary dismissal of his petition for writ of habeas corpus, wherein he challenged his 2010 Shelby County Criminal Court convictions of employing a firearm during a dangerous felony. Discerning no error, we affirm.

Defendant was placed on supervised probation in 2007 with the special condition that he not be involved in dog fighting or have more than two dogs in his home. The defendant’s probation was revoked and he was sentenced to another three years probation on the grounds that nine dogs were found in his home. Defendant appeals, claiming that the special condition placed on his probation was not reasonably related to his conviction and that the judge did not articulate sufficient grounds to place an additional special provision on his newly-imposed probation that he not be permitted to possess any dogs. We conclude that the special conditions affecting the defendant’s dog ownership are reasonably related to the purposes of his sentences and are not unduly restrictive or otherwise impermissible. The judgment of the trial court is affirmed accordingly.

The petitioner, Rickey Dickerson, was convicted of two counts of second degree murder. He filed a post-conviction petition, alleging that his counsel was ineffective in failing to request a continuance and in failing to consult more thoroughly with the petitioner prior to trial. The post-conviction court denied the petition, finding neither deficiency nor prejudice. After a thorough review of the record, we affirm the judgment of the post-conviction court.

The defendant, Glen A. Forrest, was convicted of attempted cocaine delivery in violation of Tennessee Code Annotated section 39-17-417 (2010). The trial court ordered six months of his sentence to be served in prison and the remaining five years and six months to be served on probation. The trial court subsequently found the defendant to be in violation of the terms of his probation and revoked the probation, ordering the defendant to serve the original sentence. The defendant appeals the trial court’s determination that he violated the terms of his probation. After a thorough review of the record, we conclude that the trial court has committed no error and affirm the judgment of the trial court.

A Madison County Jury convicted Defendant, Jonathan Freeman, of possession of more than one-half ounce (14.175 grams) of marijuana with intent to sell and possession of more than one-half ounce of marijuana with intent to deliver. Defendant waived his right to a sentencing hearing, the two convictions were merged, and he received an agreed sentence of two years, to serve ten days, and the balance on probation, including sixty hours of community service work. On appeal, Defendant argues that the evidence was insufficient to support his conviction. After a thorough review, we affirm the judgment of the trial court.

The Petitioner, James E. Gayles, appeals the Johnson County Criminal Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that his convictions are void because he was sentenced in direct violation of Tennessee statutory law. Upon a review of the record in this case, we are persuaded that the habeas court properly denied the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed.

The Petitioner, Jeff Henson, pled guilty to sexual exploitation of a minor, 1 aggravated sexual exploitation of a minor, attempted aggravated sexual battery, driving under the influence third offense, and possession of a firearm during the commission of a felony. The trial court sentenced the Petitioner, as a Range I offender, to an effective sentence of twelve years of confinement followed by community supervision for life. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after holding a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition because his trial counsel was ineffective and because his guilty plea was not knowingly and voluntarily entered. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment.

A Davidson County Criminal Court Jury convicted the appellant, Jimmy Jackson, of one count of selling .5 grams or more of cocaine within a drug-free school zone and one count of delivering .5 grams or more of cocaine within a drug-free school zone, Class B felonies. The trial court merged the convictions and sentenced him as a Range II offender to fourteen years. On appeal, the appellant contends that the trial court erred by ruling he could not question a State’s witness about conduct involving dishonesty pursuant to Tennessee Rule of Evidence 608(b) and that the trial court erred by refusing to instruct the jury on facilitation. Based upon the record and the parties’ briefs, we conclude that the trial court erred by refusing to instruct the jury on facilitation and that the error was not harmless. Therefore,the appellant’s convictions are reversed,and the case is remanded to the trial court for a new trial.

The Supreme Court entered a order 11/21/12 in the case of State vs. Jeremy Keeton vacating the judgment of the Court of Criminal Appeals and remanding the case to the trial court for supplementation of the record in the case of   State vs. Jeremy Keeton M2009-1928-CCA-R3-CD filed 6/26/12.

The Appellant filed a motion to correct a judgment pursuant to Tennessee Rule of Criminal  Procedure 36 in the Shelby County Criminal Court. The trial court subsequently entered an order denying the Appellant’s motion. In this appeal, the Appellant contends that the trial court erred in denying his motion. Because there is no appeal as of right from the denial of a Rule 36 motion to correct a judgment, the appeal is dismissed.

The Petitioner, Timmy Herndon, appeals from the Criminal Court of Shelby County’s summary dismissal of his petition for habeas corpus relief. In 1999, the Petitioner was convicted of aggravated robbery and received a fifteen-year sentence. Two months before his parole was set to expire, the Petitioner, acting pro se, filed a twenty-two page petition for habeas corpus relief alleging a variety of issues all related to the constitutionality of the aggravated robbery statute upon which he was convicted. The habeas corpus court dismissed the petition as moot because, at the time of the hearing, the Petitioner’s sentence and parole had expired. In this appeal, the Petitioner presents the following issues for our review: (1) whether he is entitled to a hearing because he filed his petition for habeas corpus relief prior to the expiration of his sentence and parole; (2) whether his claim presents “a present and live, controversy”; (3) whether “‘potential’ merits” to his claim exist which entitle him to appointed counsel; and (4) whether the habeas corpus court’s order summarily dismissing his petition is void because the court “acted without subject matter jurisdiction.” Upon review, we affirm the judgment of the habeas corpus court.

A Maury County Circuit Court jury convicted the defendant, Charles E. Lowe-Kelley, of two counts of premeditated murder, two counts of felony murder, and nine counts of attempted first degree murder. At sentencing, the trial court imposed consecutive sentences of life with the possibility of parole for each premeditated murder conviction, merged the felony murder convictions into the premeditated murder convictions, and imposed concurrent sentences of 15 years’ incarceration for each attempted first degree murder conviction to be served concurrently with the two life sentences. In addition to contesting the sufficiency of the evidence on appeal, the defendant contends that the trial court erred by (1) denying his motion for a continuance, (2) allowing a juror to remain on the jury who expressed an opinion about the case, (3) admitting evidence without establishing a proper chain of custody, (4) admitting a tape-recorded conversation between the defendant and a separately-tried codefendant, and (5) imposing consecutive sentences. On initial review, we concluded that all issues except the sufficiency of the evidence and sentencing were waived because the defendant failed to file a timely motion for new trial. See State v. Charles E. Lowe-Kelley, No. M2010-00500-CCA-R3-CD (Tenn. Crim. App., at Nashville, Feb. 14, 2011). The petitioner applied for permission to appeal this court’s decision to the Tennessee Supreme Court pursuant to Rule 11 of the Rules of Appellate Procedure. On August 28, 2012, the supreme court ruled that the defendant’s motion for new trial was timely and that the trial court properly allowed amendments to the motion for new trial and remanded the case to this court for consideration of the defendant’s appellate issues. Discerning no error, we affirm the judgments of the trial court.

The Defendant-Appellant, Demetrius M. Clark, was convicted by a Madison County Circuit Court jury of two counts of possession of more than .5 grams of cocaine with the intent to sell and/or deliver, two counts of possession of hydrocodone with the intent to sell and/or deliver, one count of possession of a firearm with the intent to go armed during the commission of a dangerous felony, and one count of possession of drug paraphernalia. The trial court merged the two convictions for cocaine possession and merged the two convictions for hydrocodone possession and sentenced Clark as a Range I, standard offender to concurrent sentences of ten years for the cocaine possession conviction, three years for the hydrocodone possession conviction, and eleven months and twenty-nine days for the drug paraphernalia conviction and to a consecutive sentence of three years at one hundred percent for the firearm conviction, for an effective sentence of thirteen years. On appeal, Clark argues: (1) he was deprived of his due process right to present a defense; (2) the trial court committed plain error in denying his motion to suppress evidence recovered pursuant to a search warrant; and (3) the evidence is insufficient to sustain his convictions. Upon review, we affirm the judgments of the trial court.

Defendant, Reginald Dewayne Terry, was indicted by the Davidson County Grand Jury in a two-count indictment for aggravated burglary with intent to commit theft and with intent to commit assault. Defendant was convicted by a jury of the count of aggravated burglary with intent to commit theft and sentenced by the trial court to 15 years confinement. Defendant appeals his conviction and asserts that: 1) the trial court erred by denying his motion to suppress the victim’s identification of Defendant in a photographic lineup; 2) the trial court erred by allowing Detective Gerald McShepard to testify that the photo of Defendant used in the photo lineup was a booking photo because such testimony was more prejudicial than probative; 3) the trial court erred by refusing to allow Defendant to crossexamine the victim about her failure to appear at a prior court date; 4) the trial court erred by allowing Detective McShepard to give a lay opinion regarding fingerprint evidence; and 5) the evidence is insufficient to sustain his conviction for aggravated burglary. After a careful review of the record, we conclude that the trial court erred by ruling that the victim’s refusal to appear at the originally scheduled trial date was not relevant to her credibility as a witness. Therefore, we reverse the judgment of the trial court and remand this case for a new trial.

The appellant, Christopher Wayne Lee, appeals the Dyer County Circuit Court’s revoking his probation for robbery and burglary and ordering him to serve his sentences in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

The Petitioner, Fred Smith, appeals the Lake County Circuit Court’s dismissal of his petition for a writ of habeas corpus, arguing that his fifty-year sentence for second degree murder is illegal. Upon review of the record and the parties’ briefs, we conclude that the habeas corpus court properly dismissed the petition.

The Defendant-Appellant, Robert Edward Williams, III, appeals the Davidson County Criminal Court’s imposition of an effective twenty-year sentence for his guilty pleas to theft of property valued at $10,000 or more but less than $60,000, a class C felony; criminal simulation of $1,000 or more but less than $10,000, a Class D felony; and failure to appear, a Class E felony. On appeal, he argues that the trial court erred by failing to: (1) impose the minimum sentence in the applicable range for each of his sentences, and (2) grant a community corrections sentence. Upon review, we affirm the trial court’s judgments.

Appellant, Harry Pearson, was indicted, tried, and convicted of especially aggravated kidnapping and aggravated robbery, for which he received sentences of thirty years and twenty years, respectively. Appellant challenges the sufficiency of the convicting evidence. Following our review, we affirm the judgments of the trial court.

The defendant was convicted of aggravated burglary, possession of 26 grams or more of cocaine with intent to sell or deliver within 1000 feet of a school zone, and possession of drug paraphernalia and was sentenced to ten years, twenty-five years, and eleven months, twenty-nine days, respectively. The ten-year and twenty-five-year sentences were ordered to be served consecutivelyfor a total effective sentence of thirty-five years in the Department of Correction, with fifteen years to be served at 100%. On appeal, the defendant argues that the evidence is insufficient to sustain his possession of cocaine conviction and that the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court.

I concur in the result in this case. My only departure from the majority opinion stems from the majority’s use of abuse-of-discretion review of the sentence alignment issue.

The defendant, Reginald W. Davis, was convicted by a Montgomery County jury of aggravated burglary, theft under $500, three counts of especially aggravated kidnapping, aggravated robbery,and possession of a firearm during the commission of a dangerous felony and was sentenced by the trial court to an effective term of thirty-seven years in the Department of Correction. In a timely appeal to this court, he argues that his due process rights were violated by his especially aggravated kidnapping convictions, which were incidental to his aggravated burglary and aggravated robbery convictions. Following our review, we affirm the convictions for aggravated burglary, theft under $500, aggravated robbery, and possession of a firearm during the commission of a dangerous felony, but we reverse the especially aggravated kidnapping convictions and remand for a new trial on those counts of the indictment.

Pro se Petitioner, Marlon O. Walls, appeals the Montgomery County Circuit Court’s denial of his motion to re-open his petition for post-conviction relief.Because the Petitioner failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this court is without jurisdiction to review the appeal, and it is dismissed.

The defendant, Jacque Michelle Lee, appeals the sentencing determination made by the Davidson County Criminal Court following the revocation of her alternative sentence. The defendant was sentenced to an effective ten-year sentence after she pled guilty to five counts of theft of property and one count of theft of services, and she was ordered to serve her sentence on community corrections. The defendant also agreed to participate in a drug court program. Within days of starting to serve her sentence, the defendant failed to attend two required program meetings. A violation warrant was issued. Following a hearing, the defendant’s alternative sentence was revoked, and the trial court ordered the defendant to serve the remainder of her sentence in confinement. On appeal, the defendant does not contest the trial court’s finding of a violation. Rather, she argues that the trial court erred by ordering her to serve her sentence in confinement rather than returning her to community corrections. After review, we affirm the decision of the trial court.

The defendant, Terry Sanders, was convicted after a jury trial of two counts of the sale of less than 0.5 grams of cocaine, a Class C felony, in violation of Tennessee Code Annotated section 39-17-417. He was sentenced, as a Range III persistent offender, to fifteen years for each count, to be run consecutively, for an effective sentence of thirty years. The defendant appeals his convictions, asserting that the trial court should have granted his motions for a mistrial based on testimony introduced at trial that the defendant was on community corrections and based on juror bias. After a careful review of the record, we conclude that the defendant is not entitled to a new trial and affirm the judgment of the trial court.

The petitioner, Betty L. Darden, appeals the Dickson County Circuit Court’s denial of her petition to waive court costs and fines. The petitioner pled nolo contendere to conspiracy to commit aggravated burglary and conspiracy to commit aggravated assault, both Class D felonies, and received an effective sentence of two years,which was suspended to probation. Her probation agreement required payment of court costs and fines on a monthly basis. The petitioner filed a “Petition to Remit Fines and Costs and Waive Probation Fees.” A hearing was held on the petition, after which the trial court waived probationary fees but ordered the petitioner to complete payment of her court costs and fines. Following review of the record, we find no abuse of discretion in the decision and affirm the denial.