APPELLATE COURT OPINIONS

The appellant, Michael Dewayne Mann, was convicted of second offense driving under the influence (DUI) and violation of the implied consent law. As a result, the appellant was sentenced to eleven months and twenty-nine days in the county jail, to be served on unsupervised probation after incarceration of ninety days. After the denial of a motion for new trial, this appeal ensued. The appellant challenges the sufficiency of the evidence on appeal. Because the evidence was sufficient to sustain the appellant’s conviction for second offense driving under the influence and the appellant does not challenge his conviction for violation of the implied consent law, we affirm the judgment of the trial court.

The Appellant, Faron Douglas Pierce, appeals the dismissal of his petition for post-conviction relief. Pierce was convicted of aggravated robbery by a Blount County jury and was sentenced to twenty years in the Department of Correction. On appeal, Pierce argues that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that trial counsel was deficient in: (1) failing to seek suppression of evidence at trial; (2) failing to adequately inform Pierce of his right to testify at trial; and (3) calling a witness which prejudiced the defense. After review, the judgment of the post-conviction court is affirmed.

I agree that principles of double jeopardy would be offended upon the defendant’s retrial for second degree murder because the record does not support the trial court’s finding of manifest necessity and because the defendant, ostensibly at least, did not consent to the order of mistrial. I write this concurring opinion because this latter issue – the defendant’s lack of consent – gave me great pause.

The appellant, Marcell Carter, pled guilty to a violation of the bad check law, Tennessee Code Annotated section 39-14-121. The trial court sentenced the appellant to four years to be served on Community Corrections. Subsequently, a warrant was filed against the appellant alleging a failure to abide by several conditions of his Community Corrections sentence. After a series of hearings, the trial court removed the appellant from Community Corrections and re-sentenced him to four years in the Tennessee Department of Correction. On appeal, the appellant argues that the trial court abused its discretion. Because we determine that the trial court properly revoked the appellant’s Community Corrections sentence and resentenced the appellant, we affirm the judgment of the trial court.

The petitioner, Johnie Jefferson, appeals as of right from the order of the Shelby County Criminal Court denying his petition for post-conviction relief from his first degree murder conviction, for which he is serving a life sentence. The petitioner claims he received the ineffective assistance of trial counsel because his attorney failed to investigate two witnesses properly and failed to consult with him prior to trial. We conclude no error exists, and we affirm the judgment of the trial court.

The appellant, Ronald Eugene Mullins, was convicted by a jury of theft of property over one thousand dollars. The trial court ordered the appellant to serve a three-year sentence as a Range I standard offender. After the denial of a motion for new trial, the appellant filed a timely notice of appeal challenging the sufficiency of the evidence. After a review of the record, we affirm.

Petitioner, Jimmy Ray Culberson, pled guilty to two counts of rape of a child and received concurrent fifteen-year sentences with 100% service on each count. In September 2003, petitioner filed a petition for post-conviction relief claiming that his plea was not knowing and voluntary and that he received the ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied the petition. In this appeal, petitioner maintains the trial court erred in denying his petition. Following our review of the record, we affirm the judgment of the trial court.

Petitioner, Terry M. Odom, was indicted on three counts of aggravated sexual battery. Pursuant to a plea agreement, petitioner pled guilty to one count and received an eight-year sentence at 100% while the two remaining counts were dismissed. Petitioner filed a petition for post-conviction relief and after the appointment of counsel filed an amended petition. Following an evidentiary hearing on August 3, 2005, the trial court denied the petition. On appeal, petitioner claims the trial court erred in denying relief. Upon review, we affirm the judgment of the trial court.

The Petitioner, Arthur Yancy, Jr., appeals the trial court's denial of his petition for post-conviction 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. Because the petition for postconviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court.

The Petitioner, Ernest Lee Hill, 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. Petitioner has failed to allege any ground that would render the judgments of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

The Appellant, Kalvin Rush, was convicted by a Shelby County jury of aggravated robbery and sentenced to eight years in the Department of Correction. On appeal, Rush raises the single issue of sufficiency of the evidence. After review of the record, we find the evidence sufficient to support the verdict and affirm the judgment of conviction.

The Petitioner, Jerry Anderson, appeals from the order of the trial court dismissing 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. The State’s motion is granted. The judgment of the trial court is affirmed.

Capital Petitioner, Farris Genner Morris, Jr., appeals as of right the judgment of the Madison County Circuit Court denying his petition for post-conviction relief. In January 1997, the Petitioner was convicted after a jury trial of two counts of premeditated first-degree murder and one count of aggravated rape. The Petitioner was sentenced to death for the first degree murder of Erica Hurd.  For the remaining convictions, the Petitioner received consecutive sentences of life without the possibility of parole for the murder of Charles Ragland and twenty-five years incarceration for the aggravated rape of Angela Ragland. The Petitioner’s convictions and sentences were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Morris, 24 S.W.3d 788 (Tenn. 2000), cert. denied, 531 U.S. 1082 (2001). On February 6, 2001, the Petitioner filed a pro se petition for post-conviction relief. The trial court appointed the Office of the Post-Conviction Defender to represent the Petitioner in the proceedings. An amended petition was filed on December 17, 2001.  An evidentiary hearing was conducted in April 2004. On January 18, 2005, the trial court entered an order denying the Petitioner post-conviction relief. On appeal to this Court, the Petitioner presents a number of claims that can be characterized in the following four broad categories for this Court’s review: (1) the denial of a fair post-conviction evidentiary hearing, (2) the denial of a fair sentencing hearing, (3) the ineffective assistance of counsel, and (4) the constitutionality of the imposition of a sentence of death. Following a thorough and exhaustive review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Following a jury trial, Defendant, John Liddell, was convicted of two counts of theft of property valued at $500 or less, a Class A misdemeanor; one count of the aggravated assault of Robert Bolinger, a Class C felony; and one count of the aggravated assault of Cheffie Hurt, a Class C felony. The trial court sentenced Defendant to concurrent sentences of thirteen years as a Range III, persistent offender for each felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction, for an effective sentence of thirteen years. Defendant does not appeal the length of his sentences or the sufficiency of the evidence supporting his theft convictions. In his appeal, Defendant argues that the evidence is insufficient to support his two convictions of aggravated assault. After a thorough review, we affirm the judgments of the trial court.

Following a jury trial, the Defendant, Jerry Bell, was convicted of two counts of aggravated robbery, one count of aggravated burglary, one count of aggravated assault, and one count of possession of a deadly weapon with the intent to employ it in the commission of aggravated robbery. On appeal, the Defendant argues that the evidence was insufficient to support his convictions because the State failed to prove his identity beyond a reasonable doubt. We conclude that the evidence is sufficient to support his convictions but that the convictions for both aggravated robbery and possession of a deadly weapon violate double jeopardy protections. The Defendant’s conviction for possession of a deadly weapon is dismissed. The Defendant’s remaining convictions and sentences are affirmed.  We remand solely for the entry of an appropriate judgment consistent with this opinion.

Following a jury trial, Defendant, Ronald Clinton, was convicted of one count of the unauthorized use of a motor vehicle, a Class A misdemeanor; one count of evading arrest, a Class E felony;  and one count of simple assault, a Class A misdemeanor. Following a sentencing hearing, the trial court sentenced Defendant to eleven months, twenty-nine days for each misdemeanor conviction, and six years as a Range III, career offender, for his felony conviction, and ordered the sentences to be served consecutively. Defendant does not challenge the sufficiency of the evidence supporting his assault conviction, or the length or manner of service of his sentences. In his appeal, Defendant argues that the evidence was insufficient to support his convictions for the unauthorized use of a motor vehicle and felony evading arrest. After a thorough review, we affirm the judgments of the trial court.

The defendant, Decarlos Rodgers, pled guilty to possession of cocaine in an amount greater than 0.5 grams with intent to sell and convicted felon in possession of a handgun. He was sentenced to twelve and two years, respectively, to be served concurrently as a Range II offender. As a condition of his guilty plea, the defendant reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure regarding whether the indictments against him should have been dismissed under a theory of promissory estoppel. After review, we conclude that the questions are properly certified and that the trial court ruled correctly in denying the motion to dismiss.

The Appellant, Billy James Matthews, appeals the dismissal of his petition for post-conviction relief.  Matthews’ convictions stem from his guilty pleas to rape and robbery, for which he was sentenced to ten years and six years respectively. In this appeal, Matthews raises the following issue for our review: whether the evidence preponderates against the post-conviction court’s findings that he received the effective assistance of counsel. The State asserts that the post-conviction petition should be dismissed because it was filed outside the one-year post-conviction statute of limitations.  We agree and conclude that Matthews’ petition is barred by the statute of limitations. Dismissal of the post-conviction petition is affirmed.

The Appellant, Christopher S. Love, appeals his conviction by a Hickman County jury for sexual battery, a Class E felony. Love was indicted for the offenses of aggravated rape, reckless endangerment, and aggravated assault. Following a jury trial, he was acquitted of reckless endangerment and found guilty of the lesser included offenses of sexual battery and misdemeanor assault. He was subsequently sentenced to concurrent sentences of two years and eleven months and twenty-nine days. On appeal, he raises the single issue of whether it was proper for the trial court to instruct the jury on the lesser included offense of sexual battery. After review, we conclude that the Appellant waived the issue by his failure to object to the inclusion of the instruction at trial. Accordingly, the judgment of conviction for sexual battery is affirmed.

The petitioner, Earl Ray Trotter, pled guilty in the Bedford County Circuit Court to attempted second degree murder, especially aggravated burglary, and especially aggravated robbery. He received a total effective sentence of twenty-five years incarceration in the Tennessee Department of Correction. Thereafter, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The defendant, Rick Hanebutt, was convicted of first degree premeditated murder and attempted first degree premeditated murder. He received a sentence of life imprisonment for his murder conviction and a concurrent twenty year sentence for his attempted first degree murder conviction. On appeal, the defendant raises three issues for our review: (1) whether the evidence was sufficient to support his convictions; (2) whether the state failed to comply with discovery pursuant to Rule 16 of the Tennessee Rules of Criminal Procedure; and (3) whether the trial court erred in denying the defendant’s motion to change venue. Following our review of the parties’ briefs and the applicable law, we affirm the judgments of the trial court.

The defendant, Ricky Lee Trentham, Jr., was convicted of simple possession of marijuana, Tenn Code Ann. 39-17-418(a), a Class A misdemeanor, and sentenced to eleven months, twenty-nine days at 75%. On appeal, he raises three issues for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether a copy of High Times magazine was erroneously admitted into evidence; and (3) whether he was properly sentenced. Following our review, we affirm the judgment of the trial court.

The defendant, Robert L. Myers, pled guilty to two counts of attempted aggravated sexual battery, a Class C felony, and was sentenced as a Range I, standard offender to six years on each count, to be served concurrently. On appeal, he argues that the trial court erred in denying probation or alternative sentencing. Following our review, we conclude that the trial court properly sentenced the defendant and affirm the judgments of conviction.

The defendant, James Howard Theus, III, entered a best interest plea to facilitation of rape of a child. He was sentenced to eight years in the Tennessee Department of Correction, suspended after service of eleven months and twenty-nine days, with the remainder on intensive probation. Thereafter, the trial court revoked the defendant’s probation and placed his sentence into effect. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The Appellant, Frank Ramsey, appeals the sentencing decision of the Sullivan County Criminal Court following his guilty plea to the crime of initiating a false report in violation of Tennessee Code Annotated section 39-16-502(a)(1)(c). Pursuant to the plea agreement, he was sentenced as a Range II multiple offender to a sentence of four years with the manner of service of the sentence to be determined by the trial court. On appeal, the Appellant argues that the trial court erred by denying his request for alternative sentencing. After review of the record, we affirm the judgment of the trial court.