APPELLATE COURT OPINIONS

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State vs. Robert Douglas Tarnosky

01C01-9812-CC-00504
Court of Criminal Appeals 06/17/99
Kenneth Smith v. State of Tennessee

W2003-01618-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 06/17/99
02C01-9808-CC-00256

02C01-9808-CC-00256
Fayette County Court of Criminal Appeals 06/17/99
Jett L. Wright v. State of Tennessee

M2005-02284-CCA-R3-CD-

Originating Judge:Don R. Ash
Rutherford County Court of Criminal Appeals 06/17/99
State vs. Michael Lee McCormick

03C01-9802-CR-00052

Originating Judge:James Curwood Witt
Hamilton County Court of Criminal Appeals 06/17/99
State vs. Reginald Gillespie

03C01-9706-CR-00222
Greene County Court of Criminal Appeals 06/16/99
State vs. Mark J. Turner

01C01-9703-CR-00071
Davidson County Court of Criminal Appeals 06/16/99
State vs. Tracy Pendrgrass

03C01-9808-CC-00291
Bledsoe County Court of Criminal Appeals 06/16/99
State vs. Khanh Le

W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 06/16/99
State vs. Willie Cunningham

02C01-9801-CR-00022
Shelby County Court of Criminal Appeals 06/15/99
State vs. Kenneth Henderson

02C01-9808-CC-00243
Fayette County Court of Criminal Appeals 06/15/99
01C01-9803-CC-00129

01C01-9803-CC-00129
Wayne County Court of Criminal Appeals 06/11/99
State vs. Earl Legans

02C01-9810-CC-00326
Hardin County Court of Criminal Appeals 06/10/99
State vs. Bronche Terrell

02C01-9801-CR-00014

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 06/10/99
State vs. Harry Goff

02C01-9806-CC-00177

Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 06/10/99
State vs. Burl White

02C01-9810-CC-00322
Hardin County Court of Criminal Appeals 06/10/99
State vs. Steve Click, Jr.

03C01-9804-CC-00135
Blount County Court of Criminal Appeals 06/10/99
State vs. Thomas I. Freeman, Jr.

03C01-9808-CC-00298
Blount County Court of Criminal Appeals 06/10/99
State of Tennessee vs. Brian Roberson

01C01-9807-CC-00306

The appellant, Brian Roberson, appeals the denial of a Rule 35(b) “Motion for Correction of Sentence” by the Williamson County Criminal Court. This motion arose from a plea entered on January 14, 1998, by the appellant pursuant to an agreed disposition under Rule 11(e)(1)(C), Tenn. R. Crim. P. After pleading guilty to two counts sale of cocaine, a Class B felony, and one count sale of cocaine, a Class C felony, the trial court, in accordance with the plea agreement, imposed a sentence of eight years for each Class B felony and a sentence of three years for the Class C felony. Apparently, the appellant was serving outstanding sentences of 17.5 years at the time he pled guilty to the current charges. The instant eight year sentences were ordered to run concurrently with each other and concurrently with the outstanding sentences of 17.5 years. However, the three year sentence for the Class C felony was ordered to run consecutively to the outstanding sentences for an effective sentence of 20.5 years. On appeal, the appellant argues that the trial court erroneously denied his motion to correct or reduce his three year sentence for the sale of cocaine.
 

Based upon our review of the entire record, i.e., the video transcripts, briefs, and argument of counsel, we affirm the judgment of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Donald P. Harris
Williamson County Court of Criminal Appeals 06/09/99
James E. Martin vs. State of Tennessee

03C01-9807-CR-00253

The Petitioner, James E. Martin, appeals as of right the trial court’s dismissal of his petition fo r writ of habeas corpus relief. After a careful review of the record, we affirm the judgm ent of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lynn W. Brown
Johnson County Court of Criminal Appeals 06/07/99
State of Tennessee vs. John C. Cone

01C01-9805-CR-00227

The defendant was charged with vandalism, three counts of aggravated assault, and two counts of assault. Pursuant to a plea agreement, he pled guilty to vandalism and two counts of aggravated assault, receiving a sentence of one year on the vandalism count and four years on each aggravated assault count, to be served concurrently. Following a sentencing hearing to determine the manner of service, the trial court denied probation. The defendant now appeals, arguing that the trial court erred in denying probation because it perceived inconsistencies in the defendant’s statements and did not allow the defendant to clarify the evidence through his statutory right of allocution prior to sentencing. Finding no error, we affirm.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge Seth Norman
Davidson County Court of Criminal Appeals 06/03/99
State of Tennessee v. Otis J. Wickfall

02C01-9711-CR-00442

The Defendant, Otis J. Wickfall, ap peals as of right his conviction for first degree murder in the Shelby County Crimina l Court. Defendant was sentenced to life imprisonment. In this appeal, Defendant raises the following issues:  I. Whether the trial court erred in denying Defendant’s Motion for Judgment of Acquittal based on the evidence presented by the State;  II. Whether the trial court erred in allowing the introduction of the victim’s blood-staine d shirt to show the trajectory and angle of the bullet;  III. Whether the trial court erred in allowing the introduction of a photograph of a recording label depicting the slang term for murder;  IV. Whether the trial court erred in taking judicial notice of California Penal Code section 187 defining murder; and V. Whether the trial court erred in its jury ins tructions.  After a careful review of the reco rd, we affirm the judgm ent of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge W. Fred Axley
Shelby County Court of Criminal Appeals 06/03/99
State of Tennessee v. James Clay Romines

03C01-9804-CC-00140

The defendant, James Clay Romines, appeals as of right from a ruling of the Blount County Criminal Court revoking his probation. The defendant presents one issue for appellate review: whether the trial court erred by ordering the defendant to serve eleven days in jail as punishment for a second violation of probation. After a review of the record, briefs of the parties, and appropriate law, the trial court’s judgment is affirmed.

Authoring Judge: Senior Judge L.T. Lafferty
Originating Judge:Judge D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/02/99
State of Tennessee vs. Paul Carr Moss, Jr.

01C01-9803-CC-00118

The defendant, Paul Carr Moss, Jr., was indicted for the first degree murder of his wife, Peggy Ann Moss. He was convicted of second degree murder, a Class A felony. Tenn. Code Ann. § 39-13-210. The trial court imposed a Range I sentence of twenty-five years. The defendant was fined $50,000.00.

Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge John H. Gasaway, III
Robertson County Court of Criminal Appeals 06/01/99
State of Tennessee vs. Barry Waddell

01C01-9801-CR-00016

The Defendant, Barry Waddell, appeals as of right from his conviction in the Davidson County Crimina l Court. After a jury trial, Defendant was convicted of two (2) counts of rape of a child (Counts 1 and 2) and two (2) counts of aggravated sexual battery (Counts 3 and 4). Defendant was sentenced to twenty-five (25) years for each count of rape of a child and ten (10) years for each count of aggravated sexual battery, with all sentences to be served consecutively, for an effective sentence of seventy (70) years. Defendant argues that the trial court improperly sentenced him to the maximum period of incarceration for his rape of a child convictions and erred in ordering his sentences to be served consecutively. We affirm in pa rt, and reverse and modify in part.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Cheryl Blackburn
Davidson County Court of Criminal Appeals 06/01/99