APPELLATE COURT OPINIONS

On February 4, 2005, the defendant, Almeko Chiffon Woods, pled guilty to one count of forgery less than $200 and one count of fraudulent use of a credit card between $500 and $1000, both Class E felonies. The trial court sentenced the defendant to two years probation for each offense, with the sentences to run concurrently. On January 22, 2007, a probation violation report was prepared, alleging that the defendant failed to meet with her probation officer and failed to pay restitution and court costs. However, this report was not filed until February 20, 2007. On January 30, 2007, the trial court issued what the defendant considered a capias and the state considered an arrest warrant in connection with the alleged probation violation. Following a June 28, 2007 hearing, the trial court found the defendant in violation of her probation and extended her probation another year. That same day, an additional probation violation was filed with the trial court, alleging that the defendant violated her probation by being arrested for simple possession of a controlled substance and failing to report this arrest to her probation officer. In August 2007, the trial court revoked the defendant’s probation and ordered her to serve a two-year sentence in the Department of Correction. The defendant appeals, arguing that because the probation violation report was not filed until February 20, 2007, her probation expired on February 4, 2007. She further argues that because the document issued by the trial court in January 2007 was not an arrest warrant, the limitations period for filing the probation violation was not tolled, and therefore the trial court’s extension and revocation of her probation were nullities because her probation expired on February 4, 2007. After reviewing the record, we conclude that the expiration of the defendant’s probation was properly tolled and that the trial court acted properly in extending and subsequently revoking the defendant’s probation. As such, we affirm the judgment of the trial court.

The Petitioner, Jeffery Yates, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

The defendant, Donald Blevins, pleaded guilty in the Sullivan County Criminal Court to a single count of reckless homicide in exchange for a two-year sentence with the manner of service of the sentence to be determined by the trial court. The trial court denied all forms of alternative sentencing, and the defendant now appeals. We reverse the judgment of the trial court.

The petitioner, Ronald Dotson, appeals the denial of his petition for post-conviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel at trial and that this court should remand his case to the trial court for a hearing based upon the holding in State v. Copeland, 226 S.W.3d 287 (Tenn. 2007). Discerning no error, we affirm the judgment of the post-conviction court.

The defendant, Dwayne Anthony Dixon, pleaded guilty in the Sullivan County Criminal Court in case number S51,198 to one count of possession of less than .5 grams of cocaine with intent to sell or deliver, possession of less than one-half ounce of marijuana, speeding, and felony evading arrest. In case number S52,716, the defendant pleaded guilty to one count of possession of .5 grams or more of cocaine with intent to sell or deliver. Pursuant to a plea agreement between the parties, the trial court imposed sentences of five years for possession of less than. 5 grams of cocaine, 11 months and 29 days for possession of less than one-half ounce of marijuana, 30 days for speeding, one year for felony evading arrest, and ten years for possession of .5 grams or more of cocaine. The agreement provided for partially consecutive sentencing, for an effective sentence of 15 years to be served in the Department of Correction. In this appeal, the defendant challenges the denial of alternative sentencing. Discerning no error, we affirm the judgments of the trial court.

The Petitioner, Tracey Lynn Harris, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

The petitioner, Rain Thomas Chesher, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to demonstrate that his conviction is void, we conclude that the State’s motion is well-taken. Accordingly, we affirm the lower court’s summary dismissal of the petition.

The Petitioner, Michael Hooper, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

The Petitioner, Sammie Lee Netters, appeals the trial court's denial of his petition for coram nobis relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

The defendant, Cordaro Hughes, was convicted by a Shelby County Criminal Court jury of first degree felony murder; especially aggravated robbery, a Class A felony; and attempted especially aggravated robbery, a Class B felony. He was sentenced to life imprisonment for the first degree murder conviction, fifteen years at 100% for the especially aggravated robbery conviction, and eight years at 30% for the attempted robbery conviction, with the trial court ordering that the sentences be served concurrently, for an effective sentence of life imprisonment. The defendant raises four issues on appeal: (1) whether this court should waive his untimely notice of appeal in the interests of justice; (2) whether the trial court erred in denying his motion to suppress his statements to police; (3) whether the evidence was sufficient to sustain his convictions; and (4) whether the trial court erred in granting the State’s motion in limine to suppress evidence that he initially denied any involvement in the crimes. Following our review, we affirm the judgments of the trial court.

The defendant, Rapheal Love, was convicted by a Shelby County Criminal Court jury of two counts of first degree premeditated murder and sentenced by the trial court to two consecutive terms of life imprisonment in the Department of Correction. The sole issue he raises on appeal is whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the consecutive sentences imposed by the trial court.

The appellant, Keven Scott, was convicted by a jury in the Shelby County Criminal Court of possession of more than .5 grams of cocaine with the intent to deliver, possession of cocaine, and possession of marijuana. The trial court merged the cocaine convictions and sentenced the appellant to a total effective sentence of seventeen years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction for possession of more than .5 grams of cocaine with the intent to deliver. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The Defendant, Sanford Lee Parker, was convicted of felony driving under the influence (fourth offense or greater), child endangerment, violation of the implied consent law, and driving on a revoked license. For these convictions, the Defendant received consecutive terms of four years, eleven months and twenty-nine days, eleven months and twenty-nine days, and six months respectively. In this direct appeal, the Defendant challenges the sufficiency of the evidence to support his convictions for driving under the influence and child endangerment and contends that his sentence is excessive. After a review of the record, we affirm the judgments of the trial court.

The defendant, Adrienne Hollowell, pled guilty to one count of theft of property valued over $500, a Class E felony. The Shelby County Criminal Court sentenced the defendant to one year in the Department of Correction as a Range I, standard offender. At the time of her guilty plea, the defendant filed a petition to suspend her sentence; following an August 2006 hearing, the trial court denied the petition and ordered the defendant to serve her sentence in incarceration. The defendant appeals, asserting that the trial court erred by ordering a sentence of full incarceration. After reviewing the record, we affirm the judgment of the trial court.

A Davidson County Criminal Court grand jury indicted the defendant, Thomas Jefferson Teague, Jr., on one count of possession of a handgun by a convicted felon and one count of possession of drug paraphernalia. The trial court accepted a plea agreement in which the defendant agreed to plead guilty to only felony possession of a weapon in exchange for a Range I sentence of two years’ confinement in a regional workhouse. Subsequently, the defendant filed a motion seeking placement in a community corrections program. Adopting the State’s view that the incarcerative sentence was embraced in a binding plea agreement and was not subject to modification, the trial court denied the motion, and the defendant appealed. Although the trial court applied an incorrect legal standard in denying relief, we affirm its order because the record demonstrated no factual basis for relief.

The Sullivan County Grand Jury indicted Appellant, Thornton Shayne Snapp, for theft of property valued over $1,000 but less than $10,000. At the conclusion of a jury trial, the jury found Appellant guilty as charged. On appeal, Appellant argues that the evidence was insufficient to support a conviction for theft, and instead only supported a conviction for joyriding. After a thorough review of the record, we have found the evidence to be sufficient to support the conviction and affirm the judgment of the trial court.

A Montgomery County Circuit Court jury convicted the defendant, Ray Charles Nelson, of theft and criminal trespass, and the defendant, now on appeal, challenges the sufficiency of the convicting evidence. Because we hold that the evidence was sufficient, we affirm the judgments of the trial court.

I join in the results reached by the majority but write separately to express a different conclusion regarding the tolling of the post-conviction statute of limitations. The majority opinion concludes that the trial court erred in finding that the post-conviction petition filed more than five years after the entry of judgment in this case is time-barred. This conclusion is based upon the belief that the evidence presented at the evidentiary hearing showed that the petitioner was misled by trial counsel regarding his right to pursue post-conviction relief under the terms of his guilty plea agreement.

The petitioner, Craig Robert Nunn, appeals the post-conviction court’s denial of his petition for post-conviction relief from his aggravated sexual battery convictions. The petitioner first argues that the post-conviction court erred in finding that due process considerations did not toll the statute of limitations. He further argues that the post-conviction court, which also considered his claims on the merits, erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the post-conviction court’s denial on its merits of the petition.

The defendant, Tony Draine, was convicted by a Shelby County jury of one count of theft of property over $10,000, a Class C felony, and sentenced to thirteen years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, specifically with regard to the requisite mental state. After review of the record, we conclude that the evidence is sufficient and affirm the judgment of conviction.

A Montgomery County jury convicted the Defendant, Bryan Dale Farmer, of one count of sexual battery by an authority figure, and the trial court sentenced him to three years in prison, suspended after the service of sixty days. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction because he did not use his supervisory power over the victim to accomplish a sexual act; and (2) the trial court erred by not granting him full probation. After a thorough review of the applicable record and law, we affirm the judgment of the trial court.

The petitioner, Rodney L. Tipton, was denied habeas corpus relief by the Johnson County Criminal Court from his 1992 judgments for jury convictions of aggravated rape and aggravated robbery and effective thirty-three-year sentence as a Range I offender. On appeal, he contends that he is entitled to habeas corpus relief because the trial court constructively amended the indictment for aggravated rape by including in its jury instructions modes of the offense which were not charged in the indictment and because the trial court erroneously amended the aggravated robbery indictment by allowing an amendment to include a car as an additional item taken in the course of the robbery. Upon review, we hold that the trial court properly dismissed the petition and affirm its order dismissing the petition.

The petitioner, Harrison Melvin X. Pearison, was denied habeas corpus relief by the Johnson County Criminal Court from his 1997 conviction for aggravated arson and twenty-year sentence at 100 percent service. On appeal, he contends that the amended judgment with 100 percent service is void and that he is entitled to serve the sentence at thirty percent as originally imposed. Upon review, we hold that the trial court properly dismissed the petition and affirm its order dismissing the petition.

The Petitioner, Ricky Thomas Hughes, appeals the dismissal of his habeas corpus petition. On appeal, he alleges that his sentence is void because the trial court failed to comply with the Sixth Amendment to the United States Constitution and cases interpreting that provision. After a thorough review of the issues and applicable law, we affirm the judgment of the habeas court pursuant to Rule 20 of the Court of Criminal Appeals.

The defendant, Deonta Baskin, was convicted by a Shelby County jury of attempted first degree murder, a Class A felony, and aggravated assault, a Class C felony, for shooting a man in the hip following an altercation. The trial court merged the aggravated assault conviction into the attempted murder conviction and sentenced the defendant as a Range I offender to twenty-four years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence in support of his attempted murder conviction, arguing that the State failed to present sufficient proof that the shooting was premeditated. Following our review, we affirm the judgment of the trial court.