APPELLATE COURT OPINIONS

The Defendant, Adrian Dee Clark, pled guilty to one count of aggravated assault. After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to serve five (5) years in the Department of Correction. On appeal, the Defendant contends that the trial court erred by (1) sentencing him to five years and (2) denying him probation or alternative sentencing. We affirm the judgment of the trial court.

Defendant appeals the trial court's denial of alternative sentencing. The record on appeal is insufficient in that there is no transcript of defendant's guilty plea hearing or other evidence to review. We, therefore, dismiss the appeal.

The Defendant, Jerry McGaha, pled guilty, pursuant to a plea agreement, to nine counts of rape of a child. After a sentencing hearing, the trial court sentenced the Defendant to twenty-five years for each count with counts one through seven running concurrently with each other and counts eight and nine running concurrently with each other. However, counts eight and nine were to be served consecutively to counts one through seven. On appeal the Defendant contends that the trial court erred in sentencing him to twenty-five (25) years on each count and in ordering counts eight and nine to be served consecutively to counts one through seven. We modify the sentences imposed by the trial court.

The petitioner, Keith U. Tate, was tried with his co-defendant/brother for aggravated rape. The petitioner was convicted of having committed aggravated sexual battery. The trial court sentenced him to serve seventeen years as a Range II offender. The petitioner filed a motion for new trial, which the trial court denied. The petitioner appealed the trial court's denial of his motion to this Court, and we affirmed the trial court's ruling. See State v. Keith U. Tate, No. 02C01-9406-CR-00132, 1997 Tenn. Crim. App. LEXIS 18, at *1 (Tenn. Crim. App. at Jackson, Jan. 19, 1997). Subsequently, the petitioner filed for post-conviction relief, alleging that he received ineffective assistance of counsel at both the trial and appellate levels. After conducting a hearing, the post-conviction court dismissed the petition, and the petitioner now brings this appeal challenging that dismissal. After reviewing the record, we find that the petitioner has failed to prove by clear and convincing evidence that he received ineffective assistance of counsel.

The plaintiff sued adjoining landowners asking the court to establish the boundary line between the two properties. The Chancery Court of Marion County held that the line originally ran where the plaintiff claimed but that the plaintiff's claim was barred by laches and adverse possession. We affirm.

The Appellant, Rodney K. Moore, was convicted by a Shelby County jury of sale of cocaine less than .5 grams, a class C felony. Moore was sentenced as a Range II offender, to ten years in the Department of Correction. He now appeals his conviction and sentence, raising the following issues for our review: (1) whether there was sufficient evidence presented at trial to support the conviction; (2) whether there was cumulative error sufficient to justify a new trial; and (3) whether the trial court erred by sentencing Moore to serve the maximum sentence within his range. After review, we find no error and affirm the judgment.

The defendant entered pleas of guilty to two counts of manufacturing a Schedule II controlled substance and was sentenced to concurrent three-year sentences. The trial court further ordered that the defendant have split confinement, with supervised probation after serving one year in the Tennessee Department of Correction. The defendant appeals this sentence, arguing that he should be eligible for parole after service of 30% of the sentence, that his sentence should be served at the county workhouse, and that he should receive sentence credits. We affirm the judgment of the trial court.

The Appellant, Kathy Jane Giles, was convicted by a Henry County jury of DUI, unlawful possession of a weapon, possession of drug paraphernalia, and four counts of felony possession of a controlled substance with the intent to deliver or sell. For these convictions, Giles received an effective three-year Community Corrections sentence with one year to be served in confinement. On appeal, Giles raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support the convictions; and (2) whether she received ineffective assistance of counsel at trial. After review, we find no error and affirm the judgment.

The appellant, Christopher D. Neighbours, was convicted by a jury of one count of first degree murder committed in the perpetration of a felony, namely kidnapping, and one count of especially aggravated kidnapping. The appellant received a total effective sentence of life plus twenty-five years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions of both offenses. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

An Overton County jury convicted the defendant of possession of cocaine for resale, simple possession of marijuana, and possession of drug paraphernalia. In this appeal, he contends the search warrant was improperly issued, and the trial court erred by not ordering the state to disclose the identity of the confidential informant. For the reasons set forth below, we affirm the judgment of the trial court.

The defendant pled guilty to aggravated assault and was sentenced as a multiple Range II offender. He appeals his sentence of nine years and requests an alternative sentence of probation or community corrections. Based upon our review, we conclude that the trial court misapplied enhancement factor (11) and failed to consider two relevant mitigating factors. Furthermore, the trial court did not make findings as to how the enhancement factors were weighed to determine the appropriate sentence. We conclude, however, that the trial court's sentence of nine (9) years is appropriate based upon the defendant's lengthy history of criminal behavior. Furthermore, the defendant is not entitled to an alternative sentence because the length of his sentence exceeds eight years.

Defendant, Archie Junior Weatherford, appeals the Sumner County Criminal Court's revocation of his probationary sentence. Following a review of the record, we affirm the judgment of the trial court.

Defendant, Darryl Lee Elkins, was convicted by a Sullivan County jury of child rape, a Class A felony, and attempted child rape, a Class B felony. Defendant received consecutive sentences of twenty-five years for the Class A felony, and twelve years for the Class B felony. On appeal, Defendant challenges the sufficiency of the evidence to sustain the convictions, arguing that his convictions should be reversed because the “jury improperly accredited the victim’s testimony who committed perjury at trial.” After a thorough review of the record, we affirm the judgments.

I concur in the majority opinion regarding the child rape conviction. I respectfully disagree regarding the attempted rape conviction. I believe the evidence is insufficient to convict the defendant of any offense above a Class B misdemeanor assault.

Kendrick Jermaine Merritt appeals from his Davidson County conviction of second degree murder for the killing of Julia Lynn Baskette. He claims on appeal that the evidence at trial supports a guilty verdict of no offense greater than voluntary manslaughter and that the trial court excessively sentenced him to a maximum, 25-year term of incarceration. Because we disagree in both respects, we affirm.