APPELLATE COURT OPINIONS

The Petitioner, Jose E. Molina, aka Roberto C. Perez, was convicted by a jury of aggravated rape and aggravated robbery and was, thereafter, sentenced to an effective sentence of twenty-one years at 100%. This Court affirmed the Petitioner’s convictions on direct appeal. The Petitioner filed a timely petition for post-conviction relief and, following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) the post-conviction court erred in its determination that the Petitioner’s trial counsel was effective; and (2) in light of a recent publication, the fingerprint comparison testimony at his trial should be excluded as scientifically unreliable. Following our review, we conclude that the Petitioner has not shown he is entitled to relief. We affirm the Davidson County Criminal Court’s denial of relief.

The Petitioner, Shanda Alene Wright, appeals as of right from the Marshall County Circuit Court’s denial of her petition for post-conviction relief. The Petitioner was convicted of especially aggravated burglary, especially aggravated robbery, and aggravated robbery. She received an effective sentence of 16 years for her convictions. The Petitioner challenges the performance of trial counsel. Following our review, we affirm the judgment of the postconviction court.

The Defendant, Tommy L. Beaty, pled guilty to aggravated burglary and agreed to allow the trial court to set the length and manner of his sentence. The trial court sentenced him to thirteen years in the Tennessee Department of Correction. On appeal, the Defendant contends the trial court erred when it set the length of his sentence and when it ordered him to serve his sentence in confinement. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

The Defendant, Timothy Lebron Arnold, was indicted for especially aggravated robbery, a Class A felony, but pled guilty to robbery, a Class C felony, and received a sentence of five years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in permitting testimony from an officer at the sentencing hearing; that the trial court erred in setting the length of his sentence; and that the trial court erred in denying alternative sentencing. Following our review, we affirm the judgment of the trial court.

The defendant, Antonio L. Saulsberry, was convicted by a Shelby County Criminal Court jury of murder during the perpetration of a robbery and murder during the perpetration of a burglary. His convictions were merged and he was sentenced to life imprisonment, to be served consecutively to prior convictions for especially aggravated robbery and conspiracy to commit aggravated robbery for which he had already been sentenced to an effective term of fifty years as a Range II offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.

Appellant, Darius Williams, was indicted by the Shelby County Grand Jury for three counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during a felony. After a jury trial, Appellant was found guilty on all counts. As a result, Appellant was sentenced to an effective sentence of seventeen years. After the denial of a motion for new trial, Appellant initiated a direct appeal. On appeal, Appellant challenges the sufficiency of the evidence. After a review of the record, we conclude that the evidence was sufficient to support Appellant’s convictions. Accordingly, the judgments of the trial court are affirmed.

The defendant, Larry Ward, stands convicted of criminally negligent homicide, a Class E felony. The trial court sentenced him as a Range II, multiple offender to four years in the workhouse. On appeal, the defendant challenges the sufficiency of the evidence to sustain his conviction. Upon our close review of the evidence, we are constrained to conclude that the evidence was insufficient to prove beyond a reasonable doubt that a homicide was committed in this case. Therefore, we reverse the judgment of the trial court, vacate the conviction, and dismiss the charge against the defendant.

I dissent from the majority opinion because I conclude that the allegations contained in the Petitioner’s petition for a writ of error coram nobis are insufficient to demonstrate that he is entitled to relief. As such, I do not think that the coram nobis court erred when it summarily dismissed the petition without an evidentiary hearing.

The Petitioner, Warren Fowler, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner pled guilty to attempted first degree murder and especially aggravated kidnapping, both Class A felonies, and received concurrent sentences of 20 years. The Petitioner challenges the performance of trial counsel and the voluntariness of his guilty plea. Following our review, we affirm the judgment of the post-conviction court.

The Petitioner, Cyrus Deville Wilson, appeals as of right from the Davidson County Criminal Court’s dismissal of his petition for a writ of error coram nobis. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition without an evidentiary hearing. Following our review, we reverse the judgment of the coram nobis court and remand the Petitioner’s case for an evidentiary hearing.

A Davidson County Criminal Court jury convicted the appellant, Leonard Allen, of especially aggravated robbery, and the trial court sentenced him to twenty years in confinement to be served at one hundred percent. On appeal, the appellant contends that (1) a plea agreement he entered into with the State after the jury convicted him is invalid because he had already filed a notice of appeal to this court; (2) the trial court committed plain error by not ruling that a photograph array shown to the victim months after the robbery and introduced into evidence at trial was impermissibly suggestive; and (3) the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the appellant’s conviction for especially aggravated robbery.

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 has appealed the trial court’s order dismissing his motion to reopen his petition for post-conviction relief. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition 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 Petitioner, Phillip McCormick, appeals pro se the Knox County Criminal Court’s summary dismissal of his petition for habeas corpus relief from the remainder of his forty-year sentence for a 1984 conviction. The Petitioner contends that (1) the trial court erred by finding that the State did not relinquish jurisdiction when it surrendered him to federal authorities to serve concurrent federal and state sentences for felonies he committed while on parole, (2) the State violated his due process rights by failing to hold a parole revocation hearing before transferring him, and (3) the trial court erred by dismissing his petition without appointing counsel. We affirm the judgment of the trial court.

A Fentress County Criminal Court Jury convicted the appellant, Kirby Whited, of tampering with evidence, a Class C felony. Following his conviction, the trial court imposed a sentence of three years, with fifty days to be served in jail and the remainder to be served on probation. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the sentence imposed by the trial court. The State concedes that the evidence is insufficient to support the appellant’s conviction. Upon review, we conclude that the evidence is insufficient; therefore, the appellant’s conviction must be vacated and the case dismissed.

Appellant, Jonathan Everett, was indicted by the Shelby County Grand Jury for one count of first degree murder and two counts of attempted first degree murder. After a lengthy jury trial, Appellant was convicted of one count of second degree murder, one count of attempted voluntary manslaughter, and one count of reckless endangerment. As a result, Appellant was sentenced to an effective sentence of twenty-nine years, eleven months, and twenty-nine days. Appellant presents the following issues for our review on direct appeal: (1) whether the trial court properly denied the motion to dismiss and remand for a preliminary hearing; (2) whether the trial court properly denied the motion to suppress Appellant’s statement; (3) whether the trial court erred by denying Appellant’s request to cross-examine Jamarcus Palmer about specific instances of conduct; (4) whether the evidence was sufficient to support the convictions; and (5) whether the trial court properly sentenced Appellant. After a thorough review of the record, we conclude that the trial court properly denied the motion to dismiss; the trial court properly denied the motion to suppress when Appellant’s statement was made knowingly and voluntarily; the trial court properly denied Appellant’s request to cross-examine Jamarcus Palmer; the evidence was sufficient to support the convictions; and the trial court properly sentenced Appellant. Therefore, the judgments of the trial court are affirmed.

The Petitioner, Bobby G. Neely, appeals the Marion County Circuit Court’s denial of post-conviction relief from his convictions for rape of a child, criminal attempt to manufacture a Schedule II controlled substance, and child abuse, for which he received an effective sentence of fifteen years’ confinement. On appeal, the Petitioner contends that the trial court erred by determining that he  failed to file his petition for post-conviction relief in a timely manner. We affirm the judgment of the trial court.

The petitioner, Antonio Arnold, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted by a Shelby County jury of felony murder, voluntary manslaughter, aggravated burglary, and aggravated assault. He was subsequently sentenced to an effective term of life in prison. On appeal, he contends that the denial of his petition was error because he received ineffective assistance of counsel at trial. Following review of the record before us, we affirm the denial of the petition.

The Petitioner, Fred Thompson, Jr., appeals as of right from the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted of first degree murder committed in the perpetration of theft and theft of property valued less than $10,000, a Class D felony. He received a sentence of life imprisonment for the first degree murder conviction and a concurrent sentence of five years for the theft conviction. The Petitioner challenges the performance of trial and appellate counsel. Following our review, we affirm the judgment of the post-conviction court.

The defendant, Rodger Watts, was convicted by a Shelby County Criminal Court jury of theft of property valued between $10,000 and $60,000, a Class C felony; burglary of a building, a Class D felony; and evading arrest, a Class A misdemeanor. He was sentenced to nine years for the theft and four years for the burglary, to be served consecutively as a Range II offender, and eleven months and twenty-nine days for the evading arrest, to be served concurrently to the felonies. On appeal, he challenges the sufficiency of the convicting evidence with regard to his theft conviction. After review, we affirm the judgment of the trial court.

The pro se petitioner, Mack Transou, appeals the denial of his motion to reopen his post-conviction petition. Because he failed to comply with the statutory requirements for seeking review of a dismissal of a motion to reopen a post-conviction petition, we dismiss the appeal.

The Defendant-Appellant, James Rae Lewter, was convicted by a Lincoln County jury of burglary and theft of property valued at $1,000 or more but less than $10,000, both Class D felonies. The trial court sentenced Lewter as a Range II, multiple offender to concurrent sentences of eight years at thirty-five percent in the Department of Correction. On direct appeal, Lewter argued: (1) the evidence was insufficient to convict him; (2) the trial court imposed an excessive sentence of eight years in violation of State v. Gomez, 239 S.W.3d 733, 740 (Tenn. 2007); and (3) the State engaged in misconduct during closing arguments. See State v. James Rae Lewter, No. M2007-02723-CCA-R3-CD, 2009 WL 1076716, at *1 (Tenn. Crim. App., at Nashville, Apr. 9, 2009), rev’d, 313 S.W.3d 745 (Tenn. June 4, 2010). Upon initial review, this court, after concluding that the evidence was insufficient to support his convictions, reversed and vacated Lewter’s convictions and dismissed the indictment. Id. Following the reversal, the State applied for permission to appeal this court’s decision to the Tennessee Supreme Court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, and on August 17, 2009, permission to appeal was granted. Upon review, the Tennessee Supreme Court held that “the evidence was sufficient to support a reasonable inference of guilt beyond a reasonable doubt.” State v. Lewter, 313 S.W.3d 745, 746 (Tenn. 2010). Consequently, it reversed the judgment of the Court of Criminal Appeals and remanded the case to this court for consideration of the remaining two issues: (1) whether the trial court imposed an excessive sentence in violation of Gomez, 239 S.W.3d at 740; and (2) whether the State engaged in misconduct during closing arguments. See Lewter, 313 S.W.3d at 751. On remand, we conclude that Lewter did not receive an excessive sentence pursuant to Gomez and that the State’s remarks during closing argument did not constitute prosecutorial misconduct. Accordingly, as to the issues remanded for our review, the judgments of the trial court are affirmed.

The defendant, Aaron Benard Barnett, was convicted of aggravated burglary, a Class C felony, and vandalism over $1000, a Class D felony. He was sentenced to six years for aggravated burglary and four years for vandalism, with the sentences to run consecutively. On appeal, he argues that the evidence was insufficient to support his convictions and that the trial court improperly imposed consecutive sentences. After careful review, we affirm the judgments of the trial court.

The Defendant-Appellant, Thomas E. Campbell, was convicted by a Warren County jury of attempted child abuse, a Class B misdemeanor, and aggravated sexual battery, a Class B felony. He was sentenced to six months in the county jail for attempted child abuse. For aggravated sexual battery, Campbell was sentenced as a Range I, violent offender to ten years in the Tennessee Department of Correction. On appeal, Campbell claims that: (1) both convictions were not supported by sufficient evidence; and (2) his sentence for aggravated sexual battery was excessive. Upon review, we affirm the judgments of the trial court.

The defendant, Brian Hervery, was convicted by a Shelby County Criminal Court jury of attempted second degree murder, a Class B felony; three counts of aggravated assault, a Class C felony; and one count of the employment of a firearm during the commission of a dangerous felony. The trial court merged one of the convictions of aggravated assault into the conviction for attempted second degree murder and sentenced the defendant as a Range I offender to concurrent terms of ten years for the attempted murder conviction and three years for the aggravated assault convictions. Because the defendant had a prior conviction for voluntary manslaughter, the court sentenced him to ten years at 100% for the firearm conviction and ordered that the sentence be served consecutively to the ten-year sentence for attempted murder, in accordance with Tennessee Code Annotated section 39-17-1324. The defendant raises four issues on appeal: (1) whether the trial court erred by granting the State’s motion in limine to exclude evidence that would have shown the victims’ bias; (2) whether the trial court erred by not declaring a mistrial following the prosecutor’s improper closing comments; (3) whether the evidence was sufficient to sustain the convictions; and (4) whether the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court.

The Defendant, Henry Lee Moore, appeals the Hamilton County Criminal Court’s order revoking his probation for two counts of violation of the Motor Vehicle Habitual Offender Act, a Class E felony, and one count of resisting arrest, a Class B misdemeanor, and ordering the remainder of his effective four-year sentence into execution. We affirm the judgment of the trial court.