APPELLATE COURT OPINIONS

The defendant, Robert Lee Vandergriff, Jr., was convicted of driving while intoxicated, a Class A misdemeanor, by a Union County jury. He was sentenced to a term of eleven months and twenty-nine days, all of which was suspended but for eight days service in the county jail. On appeal, the defendant’s single contention of error is that the trial court erred by failing to grant his motion to suppress. Specifically, he asserts this decision was error because he was seized without reasonable suspicion. Following review of the record, we affirm the denial of the motion to suppress.

Following a jury trial, the defendant was convicted of two counts of aggravated sexual battery and was sentenced to twelve years’ imprisonment for each count, to be run concurrently, with a fine of $25,000 for the first count and a fine of $15,000 for the second count. On appeal, the defendant’s sole issue is the contention that the evidence at trial was insufficient to support the verdict. After a thorough review of the record, we conclude that the evidence is sufficient and affirm the judgment of the trial court.

Plaintiff, Clerk and Master of Chancery Court, brought this action for an increase in compensation based on Tenn. Code. Ann. §8-24-102(j), which authorizes the County to increase the compensation for a clerk if the clerk is the clerk of two courts. Defendant County gave the Circuit Court Clerk a 10% increase in compensation pursuant to the statute, but denied the Clerk and Master a 10% increase in her compensation under the statute. The Trial Court held that the County did not abuse its discretion in denying the Clerk and Master the statutory increase in compensation. On appeal, we affirm.

The Petitioner, Mikel Shane Hutto, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus, alleging that he failed to receive statutorily mandated pretrial jail credits for his sentences, thereby rendering the confinement illegal. Upon review, we affirm the judgment of the habeas corpus court.

The Petitioner-Appellant, Stephen Lee Scott, appeals the denial of post-conviction relief, contending that he received the ineffective assistance of counsel in connection with his guilty plea because counsel misinformed him regarding the elements of felony murder. Upon review, we affirm the judgment of the post-conviction court.

Appellant, Jason Charles Austin, was indicted by a Washington County grand jury for one count of first-degree murder. After a jury trial, he was convicted of the lesser-included offense of second-degree murder and subsequently sentenced to twenty-three years. On appeal, Appellant argues that: (1) the trial court erred by allowing Appellant’s case to be severed from the case of his co-defendant; (2) the State violated Appellant’s rights under the Tennessee and United States Constitutions; (3) the trial court erred in concluding that Christina Boone was a hostile witness and allowing the State to examine her with regard to her previous statement made to the police; (4) the trial court erred in denying Appellant’s motion to dismiss the indictment based upon the loss of key evidence; (5) the State violated the Rule of Exclusion; (6) the trial court erred by refusing Appellant’s request to call a surrebuttal witness; (7) the trial court erred in instructing the jury that guilt may be inferred from evidence of flight and from concealment of evidence; (8) the trial court erred by imposing a twenty-three-year sentence; and (9) Appellant was denied a fair trial because of cumulative error. Following our review of the record, we find no reversible error and affirm the judgment of the trial court.

Michael Lindsey (“the Petitioner”), pro se, filed a petition for writ of habeas corpus, alleging that the sentence on his second degree murder conviction is illegal, and therefore, his judgment of conviction was void. The habeas corpus court denied relief without a hearing. The Petitioner then filed this appeal. Upon our thorough review of the record and applicable law, we affirm the judgment of the habeas corpus court.

Upon a plea of guilty, Defendant, Justin Alexander Deweese, was convicted of child abuse of a child eight years of age or less, in violation of Tennessee Code Annotated section 39-15401(a), a Class D felony. He submitted to the trial court to determine the length and manner of service of his sentence. After a hearing, the trial court ordered a three-year sentence of confinement. Defendant has appealed, asserting that he should receive a totally suspended sentence to be served on probation. He does not challenge the length of the sentence. Having fully reviewed the record and the briefs of the parties, we affirm the judgment of the trial court by memorandum opinion.

A Sullivan County jury convicted the Defendant, Michael Alvin Young, of aggravated kidnapping and domestic assault. The trial court merged the two convictions and sentenced the Defendant to eight years and six months in the Tennessee Department of Correction. On appeal, the Defendant contended that the evidence was insufficient to support his aggravated kidnapping conviction and that he received the ineffective assistance of counsel at trial. After a thorough review of the record and the applicable law, this Court affirmed the trial court’s judgment. See State v. Michael AlvinYoung, No. E2010-00849-CCA-R3-CD, 2011 WL 5517281 (Tenn. Crim. App., at Knoxville, Nov. 9, 2011). The Defendant filed a Rule 11 application, pursuant to the Tennessee Rules of Appellate Procedure, to the Tennessee Supreme Court. Our Supreme Court granted the application and remanded the case to this Court for reconsideration in light of State v. Jason Lee White, 362 S.W.3d 559 (Tenn. 2012). After considering the facts and circumstances of this case as compared to those in White, we again affirm the trial court’s judgment.

The Petitioner-Appellant, Joe Eddie Maclin, appeals the denial of post-conviction relief, contending that he did not enter his guilty plea knowingly and voluntarily due to the ineffective assistance of counsel. Upon review, we affirm the judgment of the postconviction court.

This appeal involves an order of protection obtained by Wife against Husband in 2009 and the extension of that order of protection in 2010. We find no basis for Rule 60 relief with respect to the original order of protection. As to the child support provisions in the amended order of protection, we vacate and remand for a determination consistent with the child support guidelines.
 

After a bench trial, the Cannon County Circuit Court convicted the appellant, James Everett Ferrell, of violating the seatbelt law, second offense, and fined him twenty dollars. On appeal, the appellant contends that the trial court lacked jurisdiction because the court tried his case without a warrant and because the citing officer did not file an affidavit of complaint. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

In two separate trials, a Shelby County jury found the Petitioner, Kevin McDougle, guilty of three counts of aggravated robbery, three counts of aggravated assault and one count of unlawful possession of a handgun. For all the convictions, the trial court sentenced him to an effective sentence of fifty-six years in the Tennessee Department of Correction. The Petitioner filed separate appeals for his cases, and this Court affirmed the judgments in both cases. State v. Kevin McDougle, No. W2009-01648-CCA-R3-CD, 2010 WL 2490752, at *1 (Tenn. Crim. App., at Jackson, June 11, 2010) no Tenn. R. App. P. 11 filed; State v. Kevin McDougle, No. W2007-01877-CCA-R3-CD, 2010 WL 2219591, at *1-3 (Tenn. Crim. App., at Jackson, May 24, 2010) no Tenn. R. App. P. 11 filed. The Petitioner filed a petition for post-conviction relief, claiming the two attorneys who represented him on each respective case were ineffective. After an evidentiary hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition, maintaining that he received the ineffective assistance of counsel in both cases. After a thorough review of the record and applicable law, we affirm the postconviction court’s judgment.

The Petitioner, Richard Frank D’Antonio, appeals the denial of post-conviction relief from his first degree murder conviction and resulting life sentence. He contends that the trial court erred in determining that he received effective assistance of trial counsel. Upon review, we affirm the judgment of the post-conviction court.
 

A Davidson County Criminal Court Jury convicted the appellant, Martin Dean Gibbs, of four counts of rape of a child, a Class A felony, and eight counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court sentenced him to concurrent sentences of twenty-five years for each rape of a child conviction and ten years for each aggravated sexual battery conviction for a total effective sentence of twenty-five years in confinement. On appeal, the appellant contends that (1) the trial court erred by allowing a social worker to testify about the victim’s allegations pursuant to Tennessee Rule of Evidence 803(4), the medical diagnosis and treatment exception to the hearsay rule; (2) the trial court erred by allowing the victim’s mother to testify about the victim’s allegations as prior consistent statements; (3) the evidence is insufficient to support the convictions in counts 7 and 11; and (4) his convictions in counts 1 and 9, 2 and 10, and 3 and 11 violate protections against double jeopardy. The State concedes that the evidence is insufficient as to count 11. Based upon the record and the parties’ briefs, we agree that the evidence is insufficient to support the appellant’s rape of a child conviction in count 11. Therefore, that conviction is reversed, and the charge is dismissed. The appellant’s remaining convictions are affirmed.

The defendant, Roger Vines, was convicted by a Wayne County jury for one count of selling .5 grams or more of methamphetamine, a Class B felony, and sentenced to a term of ten year’s incarceration. On appeal, the defendant contends that: (1) the evidence is insufficient to support the conviction; (2) the ten-year sentence is excessive; and (3) the court erred in denying probation. Following review of the record,we find no error and affirm the judgment of conviction and resulting sentence as imposed.

I concur in the results reached in the majority opinion. Indeed, I join in the majority opinion on all but one issue. I write separately to address the issue of the appropriate standard of review bythis Court on hearsayevidentiaryissues. The majorityapplies an abuse of discretion standard of review to the hearsay issue in this case.
 

Reginald C. Malone, Sr. (“the Petitioner”) filed for post-conviction relief, challenging his conviction for the sale of 0.5 grams or more of cocaine, which resulted in a sentence of eight years in confinement. As his bases for relief, he alleged several grounds of ineffective assistance of counsel, a Brady violation, illegal evidence, and malicious prosecution. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that trial counsel was ineffective because he failed to challenge the discrepancy in the reports of the weight of the cocaine through either a motion to suppress the cocaine or cross-examination as to its chain of custody. Additionally, the Petitioner argues that trial counsel failed to file a timely motion for new trial. After a thorough review of the record and the applicable law, we remand the case for the trial court to grant the Petitioner leave to file a motion for new trial.

The defendant, Brian Jermaine Dodson, was convicted by a Maury County Circuit Court jury of first degree premeditated murder, attempted first degree murder, and aggravated assault and sentenced to an effective term of life imprisonment. On appeal, he argues that: (1) the trial court erred in allowing the State to amend counts two and three of the indictment over his objection; (2) the trial court erred in allowing a State witness, Adrian Walker, to testify concerning gang activity and in failing to grant his motion in limine regarding Walker’s testimony; (3) the evidence is insufficient to support his convictions; (4) the trial court erred in failing to instruct the jury on alibi; (5) the trial court erred in allowing the defendant’s prior convictions to be introduced during trial; (6) newly discovered evidence could have affected the outcome of the trial; and (7) the State committed prosecutorial misconduct by using perjured testimony and an improper closing argument, the cumulative effect of which deprived him of a fair trial. After review, we affirm the judgments of the trial court.

In this workers’ compensation case, the employee acquired contact dermatitis, which caused a chronic skin condition of his hands and feet, due to his exposure to potassium dichromate in the workplace. The trial court found that he was permanently and totally disabled as a result of the condition. The employer has appealed, contending that the evidence preponderates against the trial court’s finding. We affirm the judgment.

The Defendant-Appellant, Kimberly Johnson, was charged by presentment with three counts of the sale of a Schedule II controlled substance and three counts of the delivery of a Schedule II controlled substance. Johnson subsequently entered guilty pleas to the charges in the Sullivan County Circuit Court. Pursuant to the terms of her plea agreement, Johnson was sentenced as a Range I, standard offender, she was required to pay a $6,000 fine, and her delivery convictions were merged with her sale convictions for an effective sentence of four years, with the manner of service of the sentence to be determined by the trial court. At the sentencing hearing, the trial court denied all forms of alternative sentencing and imposed a sentence of confinement in the Tennessee Department of Correction. On appeal, Johnson argues that the trial court erred in denying an alternative sentence. Upon review, we affirm the trial court’s judgments.

A Shelby County jury convicted the Defendant-Appellant, Frederick Greene, of first degree premeditated murder. Greene was sentenced to life imprisonment without the possibility of parole according to a sentencing agreement. On appeal, he argues that (1) the evidence, specifically of premeditation and intent, was insufficient to support the jury’s verdict and (2) the trial court erred in denying his request to instruct the jury on self-defense. Upon review, we affirm the judgment of the trial court.

The appellant has appealed from a final judgment entered on December 28, 2012. Because the appellant did not file her notice of appeal with the trial court clerk within the time permitted by Tenn. R. App. P. 4(a), we dismiss the appeal.
 

This appeal arises out of a change of custody petition filed by the father of a minor child. The Juvenile Court magistrate found a material change of circumstances but retained the mother as primary residential parent. Father filed a request for rehearing before the Juvenile Court judge. Before the rehearing could be held, the guardian ad litem filed a motion requesting that the magistrate review the parenting plan and stay its prior order based on the mother’s drug use, domestic abuse, and marital problems. Thereafter, the magistrate entered an order staying its prior order and naming father the primary residential parent. The Juvenile Court judge held a trial de novo and entered an order finding that a material change in circumstance had occurred and that it was in the child’s best interest for the father to be designated the primary residential parent. The mother was ordered to pay the father’s attorney fees and a portion of the guardian ad litem’s fees. The mother appeals. We affirm the court’s decision to designate the father as the primary residential parent, its award of attorney fees to the father, and the award of fees to the guardian ad litem. We remand for determination of the amount of attorney fees to be awarded.
 

The defendant, Antywon Montrace Beasley, appeals the Hamilton County Criminal Court’s denial of his request for probation. The defendant pled guilty to one count of attempted aggravated child abuse, a Class B felony, and received a sentence of ten years, with the manner of service to be determined by the trial court. Following a hearing, the court determined that the sentence was best served in confinement. On appeal, the defendant contends that this determination was error. Following review of the record, we find no error and affirm the sentence as imposed.