APPELLATE COURT OPINIONS

In January of 2002, Guadalupe Arroyo (the “Petitioner”) pled guilty to two counts of vehicular homicide. The trial court imposed two twelve-year sentences to be served consecutively—an effective sentence of twenty-four years. The Petitioner successfully appealed to the Court of Criminal Appeals on the basis that the trial court had imposed consecutive sentencing based upon the “dangerous offender” classification in Tennessee Code Annotated section 40-35-115(b)(4) (2010) without first addressing the requisite factors set forth in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). A second appeal on the same issue also resulted in a second remand to the trial court. In a third sentencing order, the trial court held that the sentences were reasonably related to the severity of the offenses and were necessary to protect the public, grounds essential for the imposition of consecutive sentences based upon the “dangerous offender” classification. Id. at 938; see also State v. Pollard, No. M2011-00332-SC-R11-CD, 2013 WL 6732667, at *9-10 (Tenn. Dec. 20, 2013). The reasons cited were as follows: [One,] during the prior sentencing hearing the [Petitioner] admitted to underage drinking on a daily basis, confirmed in the pre-sentence report; Two, the [Petitioner] admitted to driving without a license daily; and Three, the [Petitioner] has been illegally within this country since his arrival.

This is an appeal from an order dismissing a petition for judicial review of a decision of the Tennessee Civil Service Commission. 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, we dismiss the appeal.

The circuit court adjudicated the child dependent and neglected on the ground of severe child abuse by her father. The father appeals contending the evidence is insufficient to sustain a finding of severe child abuse. Finding the evidence clear and convincing, we affirm.

In this termination of parental rights proceeding, both Mother and Father maintain that the trial court erred in finding clear and convincing evidence that they willfully abandoned the child by failure to visit within the four months preceding the filing of the termination petition. Mother additionally claims that the trial court erred in finding clear and convincing evidence that it is in the best interest of the child to terminate Mother’s parental rights. We affirm the trial court’s findings that both parents abandoned the child by willfully failing to visit and that the termination of Mother’s parental rights is in the child’s best interest. Consequently, we affirm the trial court’s decision to terminate the parental rights of both parents.

The defendant, Sandra L. Perez, appeals a jury verdict of guilty of Tenn Care fraud, asserting insufficient evidence upon which to base a verdict of guilty. Finding no error, we affirm the judgment of the trial court.
 

The defendant, Cordell Bufford, appeals his Shelby County Criminal Court jury conviction of rape of a child, claiming that the trial court erred by refusing to enforce a plea agreement with the State, by denying his request for funds to hire an expert witness, by denying his motions to exclude certain evidence, by prohibiting cross-examination of the victim’s mother about the victim’s previous sexual abuse pursuant to Tennessee Rule of Evidence 412, and by denying his request for a special jury instruction. Discerning no error, we affirm.

The defendant, Jimmy R. Griffin, appeals his Madison County Circuit Court conviction of theft of property valued at more than $1,000 but less than $10,000, challenging the sentence imposed by the trial court. We affirm the denial of alternative sentencing but remand the case for a determination of the proper amount of restitution.

I respectfully dissent from that portion of the majority opinion which sets aside the order of restitution and remands for another hearing. I disagree that this is an appropriate case to observe “plain error” and would accordingly affirm the judgment of the trial court.

The defendant, Donquarius Person, appeals his Shelby County Criminal Court jury convictions of first degree murder, aggravated assault, and two counts of attempted first degree murder, challenging the admission of certain hearsay testimony that was admitted pursuant to the excited utterance exception and the sufficiency of the convicting evidence. Discerning no error, we affirm.

The order from which the pro se incarcerated appellant seeks to appeal was entered on December 13, 2013. The Notice of Appeal was filed more than thirty (30) days from the date of entry of the December 13, 2013 order, even considering the date upon which the appellant placed the Notice of Appeal in the mail for filing with the trial court clerk (February 28, 2014). See Tenn. R. App. P. 20(g). Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

The order appealed is not a final judgment and therefore, we dismiss this appeal for lack of jurisdiction.

A Carter County Criminal Court jury convicted the Defendant-Appellant, Leslie Dean Ritchie, Jr., of two counts of soliciting sexual exploitation of a minor, a Class B felony. See T.C.A. § 39-13-529(a) (Supp. 2009). The trial court sentenced Ritchie as a Range I, standard offender to concurrent sentences of ten years in confinement. Ritchie’s sole issue on appeal is that the evidence is insufficient to sustain his two convictions. Upon review, we remand the case for entry of a corrected judgment in count two to reflect that the jury convicted Ritchie of the offense of soliciting sexual exploitation of a minor rather than that Ritchie entered a guilty plea to this offense and to reflect that the sentence in count two is concurrent with the sentence in count one. In all other respects, we affirm the judgments of the trial court.

The Petitioner, James Frederick Hegel, appeals the post-conviction court’s denial of relief from his convictions for rape of a child and incest. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the postconviction court.

Defendants in a health care liability action appeal the denial of their motions to strike the allegations of comparative fault raised in the amended answer of other defendants and their motions to dismiss the amended complaint. Finding no error, we affirm the decision of the trial court.

Former revenue enforcement officer challenges her termination from the Tennessee Department of Revenue. Because substantial and material evidence supports the Civil Service Commission’s decision, we affirm the chancery court’s judgment.
 

Former revenue enforcement officer challenges her termination from the Tennessee Department of Revenue. Because substantial and material evidence supports the Civil Service Commission’s decision, we affirm the chancery court’s judgment.
 

This appeal arises from a dispute concerning the payment for Defendant’s wedding reception. Plaintiff filed suit when Defendant failed to pay for the reception as agreed. At trial, Plaintiff presented theories of breach of contract and unjust enrichment. The jury found for Plaintiff and returned a verdict against Defendant in the amount of $10,787.18. On appeal, Defendant requests reversal of the judgment entered against her because she believes that the jury verdict form erroneously allowed for recovery pursuant to both theories of breach of contract and unjust enrichment. We affirm.

This post-divorce appeal concerns the modification of a parenting plan designating Mother as the primary residential parent and awarding Father reasonable visitation. Father filed a petition to modify, claiming that a material change in circumstances necessitated a change in the parenting plan. Following a hearing, the trial court designated Father as the primary residential parent and awarded Mother visitation. Mother appeals. We affirm the trial court’s decision.

The defendant, Linda Garvin, pleaded guilty to two counts of the sale of cocaine in the amount of .5 grams or less, Class C felonies. She received two four-year sentences to be served consecutively on probation for an effective sentence of eight years. She admitted to violating the terms of her probation. After a probation revocation hearing, the trial court found that the defendant had violated the terms of her probation and ordered her to serve the remainder of her sentence in the penitentiary. The defendant now appeals, arguing that her right to due process was violated because the trial court revoked her probation without making a sufficient statement as to the evidence relied upon and the reasons for revoking probation and that the trial court abused its discretion in revoking her probation. After a thorough review of the record, we affirm the judgment of the trial court.
 

John Jackson (“the Defendant”) was convicted by a jury of two counts of facilitation of aggravated robbery, one count of aggravated sexual battery, one count of aggravated burglary, and one count of facilitation of theft over $500. The trial court sentenced the Defendant to an effective term of twenty years’ incarceration, to be served at 100%. In this direct appeal, the Defendant contends that the trial court erred in denying his pre-trial motion to suppress; erred in failing to determine whether the Defendant’s prior convictions were admissible; erred in failing to grant a continuance after finding error in the State’s notice of intent to seek enhanced punishment; erred in failing to instruct the jury on theft as a lesser-included offense of aggravated robbery; that the evidence was not sufficient to support his conviction of aggravated sexual battery; that the trial court failed to act as thirteenth juror; and that he should not have been sentenced as a Range III offender. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments.

The juvenile court set aside its parental visitation order with respect to a child born to married parents as void for lack of jurisdiction. Mother appeals. We affirm.

Plaintiff filed this lawsuit pursuant to the Federal Employers’ Liability Act, alleging that her husband was exposed to toxic substances, including asbestos and other chemicals, during his employment with the defendant railroad and that such exposure led to his death from mesothelioma. The railroad filed a motion for summary judgment, arguing that the deceased employee had executed a release, when he settled previous litigation with the railroad, which served to bar the current litigation. The trial court granted the railroad’s motion for summary judgment based on the release. We reverse and remand for further proceedings.

The defendant, Russell Leaks, pleaded guilty to theft of property over $1,000, burglary of a motor vehicle, and two counts of identity theft and received an effective sentence of twelve years in the Tennessee Department of Correction to be served as a career offender at 60%. The defendant later filed a petition requesting that the trial court suspend the remainder of his sentence and place him on community corrections. The trial court denied the petition, and the defendant appeals. We affirm the judgment of the trial court.

An employee sustained a work-related injury after a mechanical loading dock malfunctioned and a dock plate struck him in the knee. His employer denied the claim, contending that the event could not have occurred in the manner described by the employee. The trial court ruled in favor of the employer and dismissed the employee’s complaint. The trial court also entered alternative findings if causation were proven, limiting the employee’s recovery to 1.5% vocational disability. The employee has appealed. We reverse and remand the case for entry of a judgment consistent with the trial court’s alternative findings.

Johnathan R. Johnson (“the Defendant”) was convicted on two counts of driving on a suspended driver’s license, one count of possession of .5 grams or more of a substance containing cocaine with intent to sell or deliver, one count of possession of contraband in a penal institution, and one count of simple possession of marijuana. In this direct appeal, the Defendant contends that: (1) the trial court erred when it denied his motions to suppress certain evidence; (2) the trial court erred when it admitted evidence of a Tennessee Bureau of Investigation (“TBI”) lab report which the Defendant alleges was not provided in discovery; (3) the evidence was insufficient to support his conviction for possession of .5 grams or more of a substance containing cocaine with intent to sell or deliver; and (4) the trial court erred in denying alternative sentencing. After a thorough review of the record and applicable law, we affirm the judgements of the trial court.