APPELLATE COURT OPINIONS

The defendants, Sandra Kay Webb and Tabitha Nicole Webb, were convicted of forty-seven counts of cruelty to animals and each was sentenced to concurrent sentences of eleven months and twenty-nine days for each count, with incarceration for sixty days and a prohibition from either owning animals for ten years. In addition, the defendants were ordered to pay $39,978.85 in restitution to the Jackson-Madison County Humane Society and to perform fifty hours of community service work, and each defendant was fined a total of $5000. Soon afterwards, the trial court found that each had possessed animals since their convictions and revoked their community corrections sentences. On appeal, the defendants argue that their convictions should be reversed because the search warrant affidavit was defective, as was its execution; the affiant was untruthful in the affidavit; the animal cruelty statute is unconstitutionally vague; animal shelter records, utilized by the State during the trial, were hearsay and should not have been allowed; the evidence was insufficient, failing to prove either that the defendants acted knowingly or intentionally or failed to provide necessary care; the humane society was not entitled to restitution; the defendants should not have been required to serve their sentences in incarceration or prohibited for ten years from possessing animals; their community corrections sentences should not have been revoked; and the court should not have ordered that their dogs be forfeited. Following our review, we affirm the judgments of the trial court as to forty-seven of the counts, but remand for entry of a corrected judgment to show that the defendants were acquitted of Count 8 and for an evidentiary hearing as to the payment of restitution.

The Defendant was charged with and convicted of burglary. The trial court sentenced him to three years' incarceration. In this direct appeal, the Defendant argues (1) that the trial court erred by denying his motion for judgment of acquittal and (2) that the State did not establish a proper chain of custody concerning the stolen property in this case. Having reviewed the record, we conclude that legally sufficient evidence was presented at the Defendant's trial to support his conviction and thus that the trial court did not err by denying the Defendant's motion for judgment of acquittal. We also conclude that a proper chain of evidence was established for the recovered property in this case and thus that the trial court did not abuse its discretion by admitting the property into evidence. We therefore affirm the judgment of the trial court.

The parties have addressed several issues in this case, each of which concerns the trial court's authority to grant relief pursuant to Rule 35(b) of the Tennessee Rules of Criminal Procedure, which articulates the procedure for correcting or reducing a sentence. Only one, however is dispositive: whether the trial court can, after adjudicating guilt, imposing sentence, and entering judgment, grant judicial diversion as Rule 35(b) relief. This issue is one of first impression in this state. After careful examination of the record and due consideration of applicable authority, we conclude that there is no statutory authority for permitting judicial diversion after an adjudication of guilt or imposition of sentence. Therefore, judicial diversion was erroneously granted. Because our ruling on this issue is dispositive of this cause, we need not address other issues presented by the parties.

The defendants, Jackie Leonard Durham and Gary Lee Raines, alias Gary L. Rains, appeal as of right their convictions by a Hamilton County Criminal Court jury for second degree murder, a Class A felony. Durham received an agreed twenty-five-year sentence as a violent offender, and Raines received an agreed twenty-year sentence as a violent offender. Both defendants contend that (1) the evidence is insufficient to support their second degree murder convictions and (2) prosecutorial misconduct in closing argument requires a new trial. Additionally, Raines contends that (3) the trial court committed plain error by not instructing the jury on voluntary intoxication. We affirm the trial court's judgments of conviction.

The Defendant entered a "best interest" guilty plea to arson, a Class C felony. Following a sentencing hearing, the trial court sentenced the Defendant to a split confinement sentence of four years, with one year to be served in the Bledsoe County jail and the remainder to be served on probation. The Defendant now challenges the propriety of the sentence. We affirm the judgment of the trial court.

The defendant, Ronald Paxton, was convicted of second degree murder. The trial court imposed a twenty-five year sentence. In this appeal, the defendant argues that the evidence is insufficient to support his conviction and that the sentence is excessive. The judgment of the trial court is affirmed.

A Hamilton County jury convicted the Defendant of DUI and imposed a $500 fine. The trial court sentenced the Defendant to eleven months and twenty-nine days in the penal farm, which was suspended after service of forty-eight hours. The trial court further ordered the Defendant to perform fifty days of community service, imposed a fine of $510, revoked his license for a year, and required him to attend DUI school. The Defendant now appeals, arguing that the trial court abused its discretion in sentencing him. After a careful review of the record, we affirm the judgment of the trial court.