APPELLATE COURT OPINIONS

I respectfully disagree with the majority’s conclusion that this appeal should be
dismissed. The record on appeal includes the court’s minutes for April 30, 2008. The minutes reflect that on October 4, 2007, judgment nisi was taken against the defendant and that a scire facias was issued and served. According to the minutes, a final judgment was entered against the defendant and his sureties in the amount of $75, 000 “the penalty of the defendant’s appearance bond, for which execution will issue, together with the costs of this prosecution.”

The appellants, Aaron Bonding Company, T Bonding Company, and Around the Clock Bonding Company, LLC, appeal the order of a final forfeiture against them, arguing that the trial court abused its discretion in issuing the order. Following our review of the record, we dismiss this appeal as being premature and remand the case to the trial court to issue an order of final disposition  appellants may then appeal.

The Defendants, Kenneth Miller and Ray Junior Turner, were convicted by a Davidson County jury of conspiracy to deliver 300 grams or more of cocaine and delivery of 300 grams or more of cocaine. Additionally, the Defendant Miller was found guilty of possession with intent to deliver 300 grams or more of cocaine. All convictions are Class A felonies. See Tenn. Code Ann. _ 39-17-417(j)(5). Following a sentencing hearing, the trial court sentenced the Defendant Miller to an effective sentence of one hundred and twenty years as a Range II, multiple offender; the trial court ordered all three of his forty-year sentences to be served consecutively to one another. As for the Defendant Turner, the trial court imposed an effective sentence of sixty years as a career offender, running both of his sixty-year sentences concurrently with one another. On appeal, the Defendant Miller presents the following issues for our review: (1) whether the trial court erred in not suppressing the evidence gathered via wiretaps; (2) whether it was error to allow a State's witness to "field-test" a substance found on an exhibit; (3) whether the evidence was sufficient to support verdicts for conspiracy and delivery of 300 grams or more of cocaine; and (4) whether the trial court committed sentencing errors. The Defendant Turner, in addition to challenging the sufficiency of the evidence in support of his convictions, argues that: (1) the trial court erred by admitting into evidence certain "drug ledgers" found in his apartment; and (2) the telephone calls intercepted during the wiretap investigation, purported to contain the Defendant's voice, were, in fact, inadmissible hearsay. After a review of the record, the judgments of the trial court are affirmed.

I join in the results reached by the majority. I write separately to note that the sentence imposed by the trial court does not comport with the sentencing guidelines and to further analyze a difference between Tennessee Code Annotated sections 40-35-306 and 40-35-501.

The defendant, George Ward, appeals his resentencing following the revocation of his eight-year community corrections sentence, arguing that the trial court erred by imposing the maximum twelve-year sentence for his Class B felony drug offense of possession of cocaine with the intent to sell. Following our review, we affirm the twelve-year sentence imposed by the trial court.

The petitioner, Tommy Lee Clark, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to object to improper cross-examination and for not investigating the petitioner's mental competency. The State argues that the petitioner has waived appellate review of these issues by not including them in his petition for post-conviction relief. Following our review, we affirm the denial of the petition.

The petitioner, Steven Murphy, was convicted of first degree premeditated murder and first degree felony murder, which the trial court merged, and two counts of theft of property valued at more than $ 1000, which the court also merged. He was sentenced to an effective life sentence. This court affirmed his convictions and sentences, and the supreme court denied his application for permission to appeal. State v. Steven Murphy, No. W2004-02899-CCA-R3-CD, 2006 Tenn. Crim. App. LEXIS 171, 2006 WL 432388 (Tenn. Crim. App. Feb. 22, 2006), perm. to appeal denied [*2] 2006 Tenn. LEXIS 834 (Tenn. Sept. 5, 2006). He filed a timely petition for post-conviction relief, asserting that trial counsel was ineffective. Following an evidentiary hearing, the post-conviction court denied the petition; and, upon review, we affirm that denial.

Appellant, Hyman E. Miller, pled guilty in Rutherford County to vehicular assault and second offense driving under the influence ("DUI"). Appellant was sentenced to eight years for the vehicular assault conviction. That sentence was suspended and the trial court ordered Appellant placed on supervised probation for a period of ten years. Appellant was sentenced to eleven months and twenty-nine days for the second offense DUI conviction. He received pre-trial jail credit of seven months and twenty-two days. The trial court ordered Appellant to serve this sentence on supervised probation for a period of four months and twenty-two days. Subsequently, a probation violation warrant was filed against Appellant. The trial court revoked probation, ordering Appellant to serve sixty days in jail before being reinstated to probation. A second violation of probation warrant was filed against Appellant, alleging that Appellant had violated his probation in various ways. After a hearing, the trial court revoked Appellant's probation and ordered him to serve his sentence in incarceration. Appellant appeals the trial court's revocation of probation. Because we determine that the trial court did not abuse its discretion in revoking Appellant's probation, the judgment of the trial court is affirmed.

A Davidson County jury found the Defendant, Roderick Sammual Chadwick, guilty of attempted voluntary manslaughter and aggravated assault. The trial court imposed concurrent terms of twelve years and fifteen years, respectively, for these convictions. Under the same indictment, the Defendant pleaded guilty to being a felon in possession of a weapon. The trial court sentenced the Defendant to six years for this conviction, to be served consecutively to the effective fifteen-year sentence, for a total effective sentence of twentyone years in the Department of Correction. In this direct appeal, the Defendant asserts that the evidence was insufficient to support his convictions and that consecutive sentencing was improper. Because the record on appeal does not include the necessary transcripts of what transpired in the trial court, we conclude that the Defendant has waived the issues argued on appeal. We must presume that the evidence was sufficient to support his convictions and that the sentencing ruling of the trial court was correct; therefore, the judgments of the trial court are affirmed.

The defendant, Matthew I. Tart, appeals from the Sullivan County Criminal Court's denial of alternative sentencing following his pleas of guilty to charges of violating the motor vehicle habitual offender law, speeding, and leaving the scene of an accident. Upon our review of the record, we affirm the judgments of the trial court, but we remand for the trial court to consider amendments to the judgments.

The petitioner, Jermaine Hughey, appeals the denial of his petition for post-conviction relief, arguing that he was denied the effective assistance of trial and appellate counsel. Following our review, we affirm the denial of the petition.

The defendant, Bruce C. Reliford, entered guilty pleas to aggravated robbery charges, following a remand, and was convicted by a jury of felony murder. The trial court imposed a life sentence for the felony murder conviction and twelve years for each aggravated robbery conviction, to be served concurrently. On appeal, the defendant contends that: the trial court improperly allowed evidence to be introduced at trial; his statement to police was not given voluntarily; and the trial court erred in accepting his guilty pleas and in setting his sentence. After careful review, we affirm the judgments from the trial court.

Petitioner, Raymond Long, Jr., appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel at trial. Specifically, Petitioner challenges trial counsel's failure to call certain witnesses to testify at trial on his behalf. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court.

Following a jury trial, Defendant, Christopher Lee Davis, was found guilty of aggravated robbery, carjacking, attempt to commit especially aggravated kidnapping, all Class B felonies, and attempt to commit premeditated first degree murder, a Class A felony. The trial court sentenced Defendant as a Range I, standard offender, to twelve years for each Class B felony conviction and twenty-five years for his attempted premeditated first degree murder conviction. The trial court imposed a combination of consecutive and concurrent sentencing for an effective sentence of forty-nine years. On appeal, Defendant argues that (1) the trial court erred in denying his motion to suppress; (2) the evidence is insufficient to support his conviction of attempted premeditated first degree murder; (3) the trial court erred in determining the length of his sentences; and (4) the trial court erred in imposing consecutive sentencing. After a thorough review, we affirm Defendant's convictions and the length of his sentences. We remand this matter for a new sentencing hearing solely for the purpose of determining whether consecutive sentencing is appropriate under the Sentencing Act and State v. Allen, 259 S.W.3d 671 (Tenn. 2008).

The defendant, Darryl Hubbard, pled guilty in case number 07-01581 to possession of marijuana, third offense or greater, a Class E felony, and in case number 07-03060 to possession of more than 0.5 grams of cocaine with intent to sell, a Class B felony, and to possession of marijuana with intent to sell, a Class E felony. The trial court sentenced the defendant as a multiple offender to four (4) years for case number 07-01581, to run consecutively to 07-03060 and to a prior case. The trial court sentenced him as a multiple offender in case number 07-03060 to four (4) years for the Class E felony, concurrent with eighteen (18) years for the Class B felony, to be served consecutively to 07-01581 and the prior case. The defendant's effective sentence for 07-05181 and 07-03060 is twenty-two (22) years in the Tennessee Department of Correction, consecutive to a nineteen (19) year sentence in the prior case. On appeal, the defendant contends that (1) the trial court erred by imposing consecutive sentences and (2) that his sentences are disproportionate to the offenses, amounting to cruel and unusual punishment. Following our review, we affirm the judgments of the trial court.

The Defendant, Larry Gene Lay, aka Big Ike, appeals as of right from the Campbell County Criminal Court's revocation of his community corrections sentences and order of incarceration. He contends that the trial court's revocation is erroneous and based upon insufficient proof. Following our review, we affirm the judgments of the trial court.

Petitioner Timothy Clayton Thompson pled guilty to one count of especially aggravated kidnapping and one count of aggravated rape. This court affirmed his conviction and Petitioner did not request supreme court review. Five years later, Petitioner filed this petition for post-conviction relief, seeking a delayed direct appeal and collaterally attacking his conviction. The post-conviction court concluded the petition was filed outside the limitations period and dismissed it without a hearing. Upon review, we conclude Petitioner is entitled to an evidentiary hearing to determine whether due process concerns toll the statute of limitations. We therefore reverse the post-conviction court's judgment and remand for appointment of counsel and for an evidentiary hearing consistent with this opinion.

The Defendant, Conrad Earl Edwards, was convicted of rape, a Class B felony, incest, a Class C felony, and sexual battery, a Class E felony. He was sentenced to serve eight years as a Violent Offender for rape, three years as a Range I offender for incest, and one year as a Range I offender for sexual battery. On appeal, he challenges the trial court's failure to sentence him as an especially mitigated offender and the denial of alternative sentencing. We affirm the judgments of the trial court.

The Petitioner, Marcus Ray Clark, appeals as of right the Madison County Circuit Court's denial of his petition for post-conviction relief challenging his guilty plea convictions for five counts of aggravated burglary, Class C felonies, and four counts of theft of property, Class D felonies. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel's ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court found that the Petitioner failed to prove his allegations by clear and convincing evidence and denied the petition. After reviewing the record, we affirm the judgment of the post-conviction court.

The Petitioner, Marco Linsey, appeals as of right the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his guilty plea conviction for one count of child rape, a Class A felony. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel’s ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court found that the Petitioner failed to prove his allegations by clear and convincing evidence and denied the petition. Following our review, we affirm the judgment of the post-conviction court.

The Defendant, John Tyler Beason, was convicted of attempted first degree murder, for which he received a twenty-year sentence as a Range I, standard offender. The Defendant appeals, contending that the trial court erred in denying his motion to suppress his pretrial statement and that the court erred in sentencing. We affirm the judgment of the trial court.

The petitioner, Latoya Danielle Patton, appeals the Davidson County Criminal Court's denial of her petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, pled guilty to second degree murder, a Class A felony, and received a sentence of forty years. On appeal, the petitioner contends that her guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel in advising the petitioner. Following review, we affirm the judgment of the post-conviction court.

The defendant, Quincy Bryan Banks, appeals the consecutive-sentencing decision of the Davidson County Criminal Court, which was imposed following remand from the Court of Criminal Appeals for resentencing. See State v. Quincy Bryan Banks, No. M2007-00545-CCA-R3-CD (Tenn. Crim. App., Nashville, Apr. 11, 2008). Upon our de novo review of the order of consecutive sentencing without a presumption of correctness, we vacate the judgments of the trial court and remand for further sentencing proceedings.

The Petitioner, Leslie Paul Hatfield, appeals the Bledsoe County Circuit Court's partial denial of his petition for writ of habeas corpus in which he contended (1) that his conviction for incest, a Class C felony, was void because he was illegally sentenced to community supervision for life, (2) that his convictions for two counts of statutory rape, a Class E felony, and one count each of solicitation of a minor and casual exchange of a Schedule IV controlled substance, both Class E felonies, were void because he was not awarded all his pre-trial jail credits, and (3) that his convictions for statutory rape, solicitation of a minor, and casual exchange were void because he was not awarded pre-trial jail credits against the sentences that he was ordered to serve concurrently. The trial court granted the writ of habeas corpus for the Petitioner's sentence for incest, but it denied habeas corpus relief on the Petitioner's remaining grounds. Because the judgment for statutory rape reflects an illegal sentence and because the Petitioner's pre-trial credits were not applied to the sentences that he was ordered to serve concurrently, we reverse the judgment of the trial court and remand the case for transfer to the Criminal Court for Scott County for the entry of corrected judgments.

A Shelby County jury convicted the Defendant, Elgy Smith, of possession of .5 grams or more of cocaine with the intent to sell, and possession of .5 grams or more of cocaine with the intent to deliver, both Class B felonies; possession of marijuana with the intent to sell, and possession of marijuana with the intent to deliver, both Class E felonies. At sentencing, the trial court merged each pair of convictions and sentenced the Defendant to twenty-five persistent offender for the cocaine offense and five years as a Range III, persistent offender for the marijuana offense. Finding the Defendant to be a professional criminal, the trial court also ordered the sentences to be served consecutively for a total effective sentence of thirty years incarceration. In this appeal as of right, the Defendant contends that the evidence is insufficient to support his convictions and that his sentence is excessive. Following our review, we affirm the judgments of the trial court.