APPELLATE COURT OPINIONS

The Petitioner, Antonio M. Miller, appeals the Hardeman County Circuit Court's summary dismissal of his petition for writ of habeas corpus. On appeal, the Petitioner contends that (1) the trial court did not have jurisdiction to try him as an adult; (2) the prosecutor breached the plea agreement; (3) he was not given a psychological evaluation or a pretrial suppression hearing to challenge his confession; (4) he was not allowed to develop alibi witnesses; and (5) his nineteen-year sentence at one hundred percent is incorrect. We affirm the judgment of the trial court.

The petitioner, James Mark Thornton, appeals from the denial of his petition for writ of habeas corpus wherein he challenged his judgments in Cocke County case numbers 6617, 6618, 6820, and 9827. In this appeal, the petitioner claims entitlement to habeas corpus relief on the basis that he received concurrent sentences when consecutive sentences were statutorily required. He also contends that he should be permitted to withdraw his guilty pleas in each of the four cases because the concurrent sentence alignment was a bargained for element of each plea. We agree that the judgment in case number 6820 is void, but because the petitioner has failed to establish that he is restrained of his liberty by virtue of the void judgment, we affirm the denial of habeas corpus relief.

The defendant, Curtis Glenn Hearon, appeals from the sentencing judgment of the Blount County Circuit Court. Upon review of the record and the parties' briefs, we affirm the judgment but remand the case for further findings and rulings on the issue of pretrial jail credit.

The Petitioner, Kenneth L. Storey, filed in the Knox County Criminal Court a pro se "Application for Post-Conviction or Habeas Corpus Relief," alleging that his sentence was void because the trial court did not follow the dictates of Blakely v. Washington, 542 U.S. 296 (2004). The post-conviction court dismissed the petition, finding that it was filed outside the statute of limitations. On appeal, the petitioner challenges the post-conviction court's ruling. Upon review, we affirm the judgment of the post-conviction court.

A Davidson County jury convicted the Petitioner, Samuel L. Giddens, Jr., of reckless homicide, attempted especially aggravated robbery, and aggravated burglary, and the trial court sentenced him to an effective sentence of fourteen years. On direct appeal, this Court affirmed the petitioner's convictions and sentence. State v. Samuel L. Giddens, Jr., No M2005-00691-CCA-R3-CD, 2006 WL618312, at *1 (Tenn. Crim. App., at Nashville, Mar. 13, 2006), Tenn. R. App. P. 11 application denied (Tenn. June 26, 2006). The petitioner filed a petition for post-conviction relief, later amended by appointed counsel, alleging, in pertinent part, that he received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court.

The Defendant, Sarah Ellen Eatherly, pled guilty to vehicular assault and reckless aggravated assault. Following a sentencing hearing, the trial court denied the defendant's request for judicial diversion and sentenced her to an effective sentence of two years, with seven days to be served in confinement and the remainder to be served on probation. The defendant appeals, contending the trial court erred when it denied her request for judicial diversion. After a thorough review of the record and applicable authorities, we affirm the trial court's judgments.

Petitioner, Andrew Neal Davis, was convicted by a Davidson County Jury of first degree felony murder and aggravated child abuse. State v. Andrew Neal Davis, No. M2002-02375- CCA-R3-CD, 2004 WL 1562544 (Tenn. Crim. App., at Nashville, Jul. 9, 2004), perm. app. denied, (Tenn. Dec. 6, 2004). Petitioner's convictions were affirmed on direct appeal. Id. at *1. Petitioner filed a petition for post-conviction relief primarily on the basis of ineffective assistance of counsel. Petitioner also argued that the trial court committed various constitutional errors during trial. After a hearing on the petition, the post-conviction court denied the petition for relief. Petitioner appealed to this Court. After a review, we conclude that the post-conviction court properly dismissed the petition for post-conviction relief. Consequently, the judgment of the post-conviction court is affirmed.

A Warren County jury convicted the Petitioner, Michael Eugene Wilkerson, of three counts of the sale of more than .5 grams of cocaine and one count of the casual exchange of marijuana, and the trial court sentenced him as a Range II, multiple offender to an effective sentence of fifty-seven years. On direct appeal, the petitioner challenged the sufficiency of the evidence, and we affirmed the trial court's judgments. State v. Michael Wilkerson, No. M2005-02175-CCA-R3-CD, 2006 WL 2709240, at *1 (Tenn. Crim. App., at Nashville, Sept. 22, 2006), no Tenn. R. App. P. 11 application filed. The petitioner then filed a petition for post-conviction relief in which he alleged that he received the ineffective assistance of counsel and that the State withheld exculpatory evidence. After a hearing, the postconviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court.

The Defendant, Daniel Patrick Blankenship, pled guilty to aggravated burglary, theft over $10,000, and theft over $1,000. The trial court sentenced him to an effective sentence of six years to be served on probation. Soon thereafter, a violation of probation affidavit was filed against the defendant. After a hearing, the trial court revoked the defendant's probation and ordered him to serve his sentence in confinement. The defendant appeals, contending the trial court erred in placing his original sentence into effect. After a thorough review of the record and applicable law, we affirm the trial court's judgment.

The Defendant, Michael Orlando Freeman, pled guilty to robbery, a Class C felony, in the Criminal Court of Hamilton County with sentencing to be determined by the trial court. The trial court sentenced the defendant as a Range I, standard offender to five years' incarceration. In this appeal as of right, the defendant contends that the trial court erred in its application of enhancement factors to his sentence and in its denial of alternative sentencing. Following our review, we affirm the judgment of the trial court.

A Davidson County grand jury indicted the Defendant, Anthony L. Davis, and his codefendant, Michael Ray Crockett, for the felony murder, premeditated murder, and especially aggravated robbery of victim Edgar Moreno-Gutierrez and for the especially aggravated robbery and two counts of felony murder of victim Michael Adams. The trial court severed the defendant's trials, and in his first trial a Davidson County jury convicted him of the felony murder, premeditated murder, and especially aggravated robbery of victim Moreno- Gutierrez. The trial court merged the premeditated murder conviction with the felony murder conviction and sentenced the defendant to life plus twenty-three years. In his second trial, a Davidson County jury convicted the defendant of the especially aggravated robbery andd two counts of the felony murder of victim Adams. The trial court merged the two felonyd murder convictions and sentenced the defendant to life plus eighteen years, to be served consecutively to his sentence from his first trial. The two cases were consolidated on appeal. On appeal, the defendant contends that the evidence is insufficient to support his convictions and that the trial court improperly imposed consecutive sentencing in his first trial. After a thorough review of the record and relevant authorities, we affirm the trial court's judgments.

The Defendant, Jerry Wayne Watson, Jr., pled guilty to sale of cocaine in an amount more than .5 grams in case number 36,430 and to sale of cocaine in an amount more than .5 grams in case number 36,431. Following a sentencing hearing for both cases, the defendant was sentenced to concurrent sentences of eight years, with 120 days in confinement followed by seven years and eight months on community corrections. In this appeal as of right, the defendant contends that the trial court erred in denying full probation. Following our review, we affirm the judgments of the trial court.

Following a jury trial, Defendant, Hollena Arlene West, was found guilty of driving under the influence ("DUI"). The trial court sentenced Defendant to eleven months, twenty-nine days, with the sentence suspended and Defendant placed on probation after serving ten days in confinement. On appeal, Defendant argues that the evidence was insufficient to support her conviction and the trial court erred in allowing expert testimony concerning the effect of taking multiple prescription medications. After a thorough review, we affirm the judgment of the trial court.

A jury convicted the petitioner, Ayatollah William Wallace, of three counts of aggravated kidnapping. The trial court sentenced him to an effective sixteen-year sentence in the Tennessee Department of Correction. On direct appeal, this court upheld the convictions and sentences. The petitioner filed a petition for post-conviction relief alleging the ineffective assistance of counsel at trial and on direct appeal. The Criminal Court for Bradley County denied post-conviction relief, and the petitioner now appeals. Following a review of the parties' briefs, the record, and applicable law, we affirm the denial of post-conviction relief.

The Defendant-Appellant, Manfred Steinhagen, appeals pro se from the Circuit Court of Cheatham County. He was initially found guilty by the General Sessions Court of Cheatham County of speeding and violating the Financial Responsibility Act, both Class C misdemeanors. Steinhagen was fined ten dollars for each conviction. He appealed to the Circuit Court, which upheld the judgments of the General Sessions Court. In this appeal, Steinhagen challenges the sufficiency of the evidence and raises several procedural claims. Upon review, we affirm the judgments of the Circuit Court.

The defendant, Adrian Todd, stands convicted of second degree murder, a Class A felony. The trial court sentenced him as a Range I violent offender to twenty-three years at 100% in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction. Following our review, we affirm the judgment of the trial court.

The court ordered Mickens to serve his sentences in case number 07-01695, 07-01696, and 07-01701 consecutively, for an effective sentence of twenty-five years at thirty-five percent in the Tennessee Department of Correction. On appeal, Mickens argues that the trial court erred in admitting evidence of several prior bad acts involving drugs. Upon review, we affirm the judgments of the trial court.

The Defendant, Daniel Ross McClellan, was convicted of rape of a child, a Class A felony, and incest, a Class C felony. He was sentenced as a Range II, multiple offender to serve forty years as a child rapist for the rape conviction and ten years for the incest conviction, with the sentences to be served concurrently. On appeal, he argues that the trial court erred in sentencing him as a multiple offender. We hold that the trial court properly sentenced the Defendant as a Range II offender for the incest conviction but erred in sentencing him as a Range II offender for the rape of a child conviction. We remand the case to the trial court for resentencing in accordance with this opinion.

The Defendant, Richard Trehern, was convicted by a jury in the Hawkins County Criminal Court of two counts of aggravated child abuse, a Class A felony. The trial court sentenced him as a Range I, violent offender to concurrent twenty-year sentences. On appeal, the defendant contends that the evidence is insufficient to support his convictions, that the trial court erred by denying his motion to compel the State to produce the victim's and the victim's brother's medical records, and that his sentences are excessive. We affirm the judgments of the trial court.

The defendant, Claude Phillips, appeals from his convictions of aggravated robbery, a Class B felony, and aggravated assault, a Class C felony. He was sentenced to twenty years as a Range II, multiple offender for his aggravated robbery conviction and to a consecutive sentence of fifteen years as a Range III, persistent offender for his aggravated assault conviction. On appeal, he argues that the evidence was insufficient to support either conviction and that he was improperly sentenced. After careful review, we affirm the judgments from the trial court.

A Shelby County jury convicted the defendant, Lorenzo Myrick, of reckless homicide, a Class D felony, and facilitation of especially aggravated robbery, a Class B felony. The trial court sentenced him as a Range I standard offender to three years for reckless homicide, concurrent with ten years for facilitation of especially aggravated robbery, to be served in the Tennessee Department of Correction. On appeal, the defendant argues that (1) the evidence was insufficient to support his convictions; (2) the trial court committed reversible error by improperly commenting on the evidence; and (3) the trial court improperly denied probation. Following our review, we affirm the judgments of the trial court.

In this consolidated appeal, the State challenges the trial court's dismissal of the charges of official misconduct, see T.C.A. _ 39-16-402 (2006), and official oppression, see id. _ 39-16- 403, against each defendant. The State contends that the court erroneously concluded that the defendants, as employees of Corrections Corporation of America, were not public servants as that term is used in Tennessee Code Annotated sections 39-16-402 and -403. Because we agree with the State, we reverse the trial court's order dismissing the charges in each case and remand the cases to the Criminal Court of Hamilton County.

The Defendant, Takeita M. Locke, appeals her conviction for criminally negligent homicide and the trial court's denial of her petition for writ of error coram nobis for a related especially aggravated robbery conviction. She had been convicted in an earlier trial of especially aggravated robbery related to the same facts and victim. For the homicide conviction, the Defendant received a sentence of two years as a Range I offender, to be served concurrently with the twenty-year sentence she was serving for the especially aggravated robbery conviction. On appeal, she challenges (1) the trial court's denial of her motion to dismiss for violation of her right to a speedy trial, and (2) the trial court's denial of her petition for writ of error coram nobis related to the especially aggravated robbery conviction. We affirm the judgments of the trial court.

The petitioner, Eric Maxie, appeals the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A jury convicted the petitioner of aggravated sexual battery, a Class B felony. The trial court sentenced him as a Range I violent offender to serve ten years and six months in the Tennessee Department of Correction. On direct appeal, this court affirmed the petitioner’s conviction. The petitioner filed a petition for post-conviction relief alleging the ineffective assistance of counsel, and the post-conviction court denied his petition. On appeal, the petitioner contends that the post-conviction court erred when it denied his petition for post-conviction relief. After reviewing the record, the parties’ briefs, and applicable law, we affirm the judgment of the post-conviction court.

The Defendant, Andrei Ciobanu, was charged with vandalism of property with a value of at least $1,000 but less than $10,000. See T.C.A. _ 39-14-408. The trial court granted his motion to suppress eyewitness identification evidence and dismissed the case. In this appeal filed by the State, we reverse the order of the trial court suppressing the evidence and dismissing the case.