APPELLATE COURT OPINIONS

The Appellant, Charles Mullins, proceeding pro se, appeals the Maury County Circuit Court’s summary dismissal of his motion to correct an illegal sentence. On appeal, Mullins argues that his effective thirty-two-year sentence for two counts of aggravated sexual battery is illegal because (1) the judgment forms provide for an improper release eligibility date and (2) the trial court failed to award pretrial jail credits on the judgment forms. Finding merit to the Appellant’s contentions, we remand for further proceedings consistent with this opinion.

The appellant, Tracy Lynn Franks, pled guilty to aggravated assault, felony reckless endangerment, and felony evading arrest. Pursuant to the plea agreement, the appellant was sentenced to six years in the Tennessee Department of Correction for the aggravated assault conviction and four years each for the reckless endangerment and evading arrest convictions, with the sentences to be served concurrently. Additionally, the trial court imposed a $500.00 fine for the evading arrest conviction.  On appeal, the appellant argues that the trial court erred in denying him probation. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.

The Petitioner, Jeremy Wayne Humphrey, appeals the trial court's dismissal of his petition for post conviction relief or in the alternative 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 Petitioner filed his petition outside the statute of limitations for post-conviction purposes. Further, the petitioner does not state any cognizable habeas corpus claims. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

The defendant, Eric Matthews, was charged by the Shelby County Grand Jury in two separate indictments with especially aggravated kidnapping, a Class A felony, aggravated kidnapping, a Class B felony, and two counts of aggravated rape, a Class B felony, based on events involving the victim, V.T.,1 that occurred on August 14, 1999, in the Whitehaven area of Memphis. Following his 2003 trial,2 he was acquitted of the rape counts and convicted in both the especially aggravated and aggravated kidnapping counts of the lesser-included charge of kidnapping, a Class C felony.  Applying four enhancement and no mitigating factors, the trial court sentenced the defendant as a Range I, standard offender to concurrent terms of five years in the county workhouse. In a timely appeal to this court, the defendant challenges both the sufficiency of the evidence and the sentencing imposed. Based on our review of the record and applicable law, we conclude that the evidence is sufficient to sustain the convictions but that the trial court erred by failing to merge the kidnapping convictions into a single judgment of conviction. We further conclude that three of the four enhancement factors were applied in error under the United States Supreme Court’s recent decision in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), which was released after the sentencing was imposed in this case. Accordingly, we affirm the convictions, but order that they be merged into a single conviction and modify the sentence imposed from five to four years, to be served in the county workhouse.

Defendant, Steve A. White, appeals the trial court’s order amending Defendant’s judgment to grant restitution to the victim in his case. Because the trial court did not have jurisdiction to amend Defendant’s judgment, we reverse the judgment of the trial court and remand for reinstatement of the judgment of conviction as originally entered.

The petitioner, Tony Hopkins, appeals the dismissal of his petition for writ of habeas corpus, contending that, following his guilty plea, he was wrongfully sentenced to a fifteen-year sentence as a Range I offender on a Class B felony. After careful review, we affirm the dismissal of the petition.

The defendant, Timothy Wade Davis, was convicted by a jury of four counts of rape of a child and one count of aggravated sexual exploitation of a minor. Sentences of twenty-two years were imposed for each child rape conviction and ten years for aggravated sexual exploitation of a minor. Three of the child rape convictions and the especially aggravated sexual exploitation of a minor were ordered to run consecutively for an effective sentence of seventy-six years at 100%. The defendant appeals his convictions and sentencing and alleges that the trial court erred in the following respects: (1) in failing to suppress the search warrant and the defendant’s statements; (2) by denying the defendant the right to represent himself; (3) by refusing to instruct the jury on insanity; (4) in finding the defendant competent to stand trial; and (5) in regard to sentencing. After review of the issues presented and the record as a whole, we conclude that no reversible error was present and affirm the convictions and sentencing.

I concur in the results and most of the analysis in the majority opinion. However, I believe the differences reflected in the search warrant affidavits in the record would justify suppression of the items seized pursuant to Rule 41(c), Tenn. R. Crim. P. Such a result, though, is not needed, because the record does not reflect that the copies of the affidavits in the record are thoserequired by Rule 41(c) to be identical. On the other hand, even if suppression were required, I believe many  of the defendant’s statements against interest could be admissible.

This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. A review of the record reveals that the Petitioner is not entitled to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

The petitioner, Corey Cartwright, appeals as of right from the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court. He seeks relief from his Class C felony conviction for possession of less than one-half gram of cocaine with intent to sell and resulting sentence of ten years in confinement. He contends that the post-conviction court erred in summarily dismissing his petition without appointing counsel, that he received the ineffective assistance of counsel, and that the trial court erred in sentencing. We affirm the trial court.

The defendant, Garner Dwight Padgett, was convicted of first degree premeditated murder. The trial court imposed a sentence of life imprisonment. In this appeal of right, the defendant contends that the trial court erred by failing to grant a mistrial after two jurors observed him in custody, by failing to instruct on the lesser included offenses of aggravated assault and assault, and by failing to suppress his confession. He also challenges the sufficiency of the evidence and argues that there was prosecutorial misconduct during closing argument. The judgment of the trial court is affirmed.

The defendant, James Johnson, originally charged with first degree murder, was convicted of second degree murder. The trial court imposed a sentence of twenty-three years. In this appeal, the defendant asserts that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by denying his motion for a preliminary hearing; (3) the trial court erred by permitting evidence of a California police chase involving the defendant; (4) the trial court erred in its instructions to the jury; (5) the cumulative effect of the errors at trial require reversal; and (6) the sentence is excessive.  Because the trial court misapplied certain of the enhancement factors, the sentence is modified to twenty-one years. Otherwise, the judgment of the trial court is affirmed.

I concur with the majority opinion on all issues except that portion which modifies the sentence to twenty-one years. I agree that the United States Supreme Court’s opinion in Blakely v. Washington, 542 US ____, 124 S.Ct. 2531 (2004), questions the validity of Tennessee’s sentencing scheme. I agree that prior to Blakely, this Court’s holding should be that enhancement factors (11) and (17) could not be applied, but that the remaining enhancement factors, (2), (6), and (10), would be applicable. However, under Blakely, it is clear that only evidence of prior convictions can be used to enhance a sentence without a jury making a determination of the existence of an enhancement factor, or where the jury determination is waived by the defendant, or where the application of another enhancement factor is “admitted” by the defendant. The term “admitted by Defendant,” while seemingly clear at first glance, has not been conclusively defined by judicial decision. The United States Supreme Court in Blakely may have meant “admitted” in the context of a judicial proceeding such as a guilty plea hearing with the solemnity of a guilty plea. Or, the Court possibly meant an admission by a defendant in testimony at a sentencing hearing. Thus, the meaning of the term “admitted by the defendant” is subject to debate, and is better left to appellate review when that precise issue has been squarely addressed by a trial court and thereafter raised on appeal.

The petitioner, Anthony Randaul, appeals from the Dyer County Circuit Court’s dismissal of his petition for post-conviction relief from his convictions for kidnapping, robbery, and sale of cocaine weighing less than one-half gram and resulting sentence of nine years. He contends that he received the ineffective assistance of counsel at trial. We affirm the judgment of the trial court.

The defendant, Sheridan Armstrong, was convicted of felony murder and aggravated child abuse.  The trial court ordered concurrent sentences of life with the possibility of parole and twenty years, respectively. In this appeal of right, the defendant contends that the trial court erred by failing to suppress his statement to police and argues that the evidence supporting each conviction was insufficient. The judgments of the trial court are affirmed.

The Petitioner, James Lee Perry, appeals the trial court's dismissal 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Petitioner has appealed the dismissal of her petition for writ of habeas corpus. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court.

The defendants, who are brother and sister, were each convicted by a Cocke County jury of assault, a Class A misdemeanor, and sentenced by the trial court to serve 11 months, 29 days on supervised probation. Both defendants challenge the sufficiency of the evidence on appeal. We conclude that sufficient evidence was presented from which a rational trier of fact could reasonably find both defendants guilty of assault. Accordingly, we affirm the judgments of the trial court.

The appellant was convicted in the Madison County Circuit Court of the first degree premeditated murder of Junecus Bolden. The appellant received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant raises issues regarding the admission of certain testimony and the propriety of the State’s rebuttal closing argument. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The Petitioner, Early H. Miles, appeals the trial court's dismissal of his petition for post- conviction relief or in the alternative for writ of habeas corpus. 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 Petitioner filed his petition outside the statute of limitations for post-conviction purposes. The petition was not filed in the proper court for habeas corpus purposes, and the petitioner did not give any reason in the petition for not applying to the nearest court as required by law. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court.

This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court.

A Gibson County jury convicted Patricia White of theft of property valued over $10,000, a Class C felony; the trial court sentenced her to a term of four years, suspended, and fifteen years’ probation. The same jury also convicted Patricia White’s husband, Craig White, of facilitation of theft of property valued over $10,000; the trial court sentenced him to a term of two years suspended, and two years’ probation. As a condition of probation, the trial court held the couple jointly liable for $124,000 in restitution. On appeal the defendants contend that the trial evidence is insufficient to support their convictions. They also contest the amount of restitution they have been ordered to pay. After an exhaustive review of the record, the briefs of the parties, and applicable law, we conclude that the evidence is sufficient to support Patricia White’s conviction, but we are unable to reach the same conclusion for Craig White’s facilitation conviction. Accordingly, we affirm Patricia White’s conviction; the conviction of Craig White is reversed, and the charge is dismissed. Finding that the trial court made inadequate findings in assessing restitution, we further remand that issue for determination based on the required statutory findings. Finally, we take notice that based on three statutory enhancement factors (none of which involved prior criminal history), the trial court set the length of Patricia White’s sentence at one year above the presumptive minimum sentence of three years; pursuant to Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004), we modify her sentence to three years but leave undisturbed the length and terms of her probation.

The majority concludes that modification of the defendant, Patricia White’s, sentence is
required in light of the United States Supreme Court’s recent decision in Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). For the following reasons, I must respectfully dissent.

This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court.