APPELLATE COURT OPINIONS

The Defendant, Arthur J. Holmes, pled guilty to three counts of theft under $500, class A misdemeanors; two counts of theft over $500, class E felonies; six counts of forgery, class D and E felonies; and four counts of identity theft, class D felonies. The Defendant's plea agreement provided for an effective ten year sentence as a Range II, multiple offender. After a hearing on the manner in which the Defendant would serve his sentence, the trial court denied an alternative sentence and ordered the Defendant to serve his sentence in the Department of Correction. The Defendant now appeals as of right. We affirm the trial court's judgment.

The Appellant, Shawn M. Brooks, appeals from the judgment of the Wilson County Circuit Court revoking his probation. In May of 1996, Brooks pled guilty to sale of a Schedule I controlled substance, lysergic acid diethylamide (LSD), and received a split confinement sentence of eight years with one year to be served in confinement followed by seven years supervised probation. Again, in May of 1999, Brooks pled guilty to sale of a counterfeit controlled substance and received a two-year suspended sentence to be served consecutively to the 1996 sentence.

On April 10, 2001, a probation violation warrant was issued for only the1996 sentence based upon a new arrest in DeKalb County for numerous offenses. At the probation violation hearing, Brooks admitted guilt, which resulted in the revocation of his sentence and the reinstatement of his original eight-year sentence in the Department of Correction. Thirty days later, an amended order was entered by the trial court revoking Brooks' 1999 two-year suspended sentence on the same grounds. On appeal, he argues that the trial court erred by failing to consider alternatives to revocation. After review, we find that the trial court did not abuse its discretion by revoking Brooks' 1996 conviction. However, with regard to revocation of the 1999 sentence, we find that the proceedings failed to afford fundamental due process protections. Accordingly, we reverse and vacate the trial court's amended order revoking Brooks' two-year suspended sentence for sale of a counterfeit controlled substance.

The defendant, Bobby Gene Goodson, appeals as of right his Sullivan County Criminal Court conviction in case number S42,000 for driving on a suspended license, a Class B misdemeanor, claiming that (1) the evidence is insufficient to support his conviction, (2) he has a constitutional right to travel, and (3) the trial court erred in denying his request to dismiss his trial attorney and reappoint counsel. The defendant also appeals his remaining two convictions in S42,000 for violation of the registration law and violation of the seat belt law, both Class C misdemeanors, and his conviction in case number S43,579 for driving on a suspended license. As to the defendant's appeal of his conviction for driving on a suspended license in case number S42,000, we affirm the judgment of the trial court. With regard to the remaining convictions, the defendant's appeal is dismissed because the judgments of conviction are not in the record on appeal.

The appellants, Joel Wayne Jackson and Joel Keith Russell, were each convicted in the Hardin County Circuit Court of one count of possessing more than .5 grams of cocaine with intent to sell. They were each sentenced to eight years incarceration in the Tennessee Department of Correction with the sentences to be served on supervised probation after serving ninety days in confinement. On appeal, Jackson challenges the correctness of his sentence and Russell contests the sufficiency of the evidence supporting his conviction. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court

A Franklin County jury convicted the defendant of reckless driving. On appeal, the defendant challenges the sufficiency of the convicting evidence. The defendant also claims that the trial court's jury instruction for reckless driving was in error. After a careful review of the record, we affirm the judgment of the trial court.

The defendant, Stanley R. Fine, pled guilty to the offenses of burglary and aggravated burglary. His plea agreement provided that he would serve a four year sentence for the aggravated burglary, with one year to be served in the county jail and the balance of three years to be served in the community corrections program. With respect to the burglary charge, the plea agreement included an agreed sentence of four years to be served in the community corrections program consecutive to the sentence for aggravated burglary, resulting in an effective sentence of eight years. Following the defendant's violation of the terms of his community corrections sentence, the trial court revoked the defendant's community corrections status and ordered that the remainder of his sentence be served in the Department of Correction. The defendant now appeals the trial court's ruling. We affirm the judgment of the trial court.

Petitioner/Appellant, Charles Bryant, filed a petition for post-conviction relief on August 3, 2001, attacking his conviction on July 18, 1997, for violation of the Motor Vehicle Habitual Offender Act. According to the allegations in the petition, there was no appeal from the conviction to which he pled guilty and received a sentence of four years as a multiple Range II offender. The trial court summarily dismissed the petition because it was filed outside of the applicable statute of limitations. We affirm.

A Bedford County jury convicted the defendant of twelve counts of obtaining a controlled substance, Hydrocodone, by fraud during the period from August 15, 2000 through September 8, 2000. The trial court sentenced the defendant to twelve years on each count and imposed a fine of $2,000 for each count. The trial court ordered that counts 1-4 run concurrently; that counts 5-8 run concurrently, but consecutive to counts 1-4; and that counts 9-12 run concurrently, but consecutive to all other counts, for an effective sentence of thirty-six years. On appeal, the defendant contends that the evidence is not sufficient to support eleven of his twelve convictions for fraud and that the trial court erred in sentencing him to thirty-six years in prison. Finding no error, we affirm the judgment of the trial court.

Defendant, Barry F. Braden, was convicted by a Davidson County jury of six counts of aggravated robbery, a Class B felony. He was ordered to serve consecutive ten year sentences for counts one, two, four, five and six, to be served concurrently with a ten-year sentence in count three, for an effective sentence of fifty years. Defendant appeals his convictions and sentences, presenting the following issues for review: (1) whether the prosecutor’s inquiry on cross-examination and comments during closing argument on Defendant’s failure to submit fingerprints and his failure to take a polygraph examination constituted reversible error; (2) whether the evidence was sufficient to sustain his convictions; (3) whether the trial court erred by admitting a witness’s extraneous statement at trial; (4) whether the trial court erred by ordering consecutive sentences for five of Defendant’s six convictions; and (5) whether the trial court erred by failing to sever the offenses for
trial. After a thorough review of the record, we affirm the judgments of the trial court.

The defendant appeals his conviction for driving under the influence. He raises two issues: (1) whether the evidence was sufficient to support his conviction; and (2) whether the trial court erred in its instruction to the jury regarding the definition of "physical control" of a vehicle. After a review of the record, we affirm the judgment of the trial court.

The defendant, Tricia Ann Landry, was convicted of theft over $500.00 and theft over $1,000.00. The trial court imposed concurrent Range I sentences of two years and three years, respectively. Later, the defendant was determined to have violated her probation. The trial court ordered service of the sentence in the Department of Correction. In this appeal of right, the defendant argues that the trial court should have granted an alternative sentence. The judgment is affirmed.

The defendant, Michael Scott Brogan, entered pleas of guilt to second degree murder and attempted second degree murder. The trial court imposed concurrent sentences of 20 years and 8 years, respectively. In this appeal of right, the defendant asserts that his sentence for second degree murder is excessive. Because the trial court misapplied several enhancement factors, the sentence for second degree murder is modified to 18 years. Otherwise, the judgments are affirmed.

The defendant, Demetrius Kendale Holmes, was convicted of felony murder and especially aggravated robbery. The trial court imposed consecutive sentences of life and 24 years, respectively. In this appeal of right, the defendant asserts that the evidence is insufficient to support his convictions. The judgments of the trial court are affirmed.