State vs. Howard W. Weaver E2000-00066-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: E. Eugene Eblen
The defendant appeals his convictions of two counts of aggravated sexual battery. He claims that the trial court erred (1) in denying his motion to suppress his statement given to investigators from the Department of Children's Services and sheriff's department, and (2) in failing to require the state to elect the particular offenses upon which it sought convictions. He also claims that the evidence presented at trial is insufficient to support his convictions. Upon review, we accept the state's concession of error in the failure to elect, but we are unpersuaded of merit in the defendant's suppression and sufficiency issues. We reverse the defendant's convictions and remand for a new trial.
Roane
Court of Criminal Appeals
State vs. Patty Pace Purkey E2000-00308-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: O. Duane Slone
The appellant, Patty Pace Purkey, pled guilty in the Grainger County Criminal Court to one count of vehicular assault, a class D felony, one count of reckless endangerment, a class E felony, three counts of simple possession of a controlled substance, a class A misdemeanor, and one count of driving on a revoked license, a class B misdemeanor. The trial court sentenced the appellant to the following terms of incarceration: three years in the Tennessee Department of Correction for vehicular assault; two years in the Tennessee Department of Correction for reckless endangerment; eleven months and twenty-nine days in the county jail for each of the simple possession convictions; and six months in the county jail for driving on a revoked license. The trial court further ordered that all of the appellant's sentences be served concurrently and assessed a total of $750 in fines. The trial court denied the appellant any form of alternative sentencing. On appeal, the appellant raises the following issue for our review: whether the trial court erred in failing to order probation or another alternative sentence. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.
Grainger
Court of Criminal Appeals
State vs. Kenneth England E2000-00535-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: E. Shayne Sexton
The defendant appeals the revocation of his community corrections sentence. Finding a lack of justiciable, substantial evidence to support the revocation, we reverse.
Campbell
Court of Criminal Appeals
State vs. Danielle Walker E2000-00578-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: D. Kelly Thomas, Jr.
The appellant, Danielle L. Walker, pled guilty in the Blount County Circuit Court to one count of theft of property over $1000, a class D felony. The trial court sentenced the appellant as a standard Range I offender to two years incarceration in the Tennessee Department of Correction. The trial court ordered the appellant to serve twenty days of her sentence in periodic confinement and to serve the balance of her sentence on supervised probation. The trial court also ordered the appellant to make restitution to the victim in the amount of $2,928.56. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred by refusing to grant the appellant judicial diversion; and (2) whether the trial court erred by refusing to grant the appellant full probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Blount
Court of Criminal Appeals
State vs. Josh Moon E2000-00690-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Rex Henry Ogle
The defendant appeals from his Sevier County Circuit Court sentence for simple assault, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days, with six months of the sentence to be served incarcerated in jail and the balance on supervised probation. The trial court ordered restitution to the victim in the amount of $18,700 for medical expenses. In this direct appeal, the defendant complains that he should have received full probation. We affirm the judgment of the trial court.
Sevier
Court of Criminal Appeals
State vs. William Washington a/k/a "Freddie" E2000-00695-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Robert E. Cupp
William Washington was found guilty by a Washington County jury of one count of possession of less than one-half gram of cocaine with intent to sell. Washington, a range III offender, was sentenced to twelve years in the Department of Correction. The following issues are presented on appeal: (1) the sufficiency of the convicting evidence and (2) whether the trial court impermissibly limited the scope of his voir dire examination of prospective jurors with regard to racial bias. Finding no error, the judgment is affirmed.
Washington
Court of Criminal Appeals
State vs. Michael Colvin E2000-00701-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lynn W. Brown
A jury found the defendant guilty of aggravated assault for shooting a coworker with a handgun during an altercation at their workplace. The trial court sentenced him to five years in the county workhouse, denying his request for probation. The defendant appeals his conviction and sentencing, arguing that the jury's verdict was not supported by the evidence, and that the trial court erred in sentencing him to five years imprisonment. Based upon our review, we conclude that the evidence at trial was sufficient to support the conviction, and that the nature and circumstances of the defendant's offense justifies the sentence imposed. Accordingly, we affirm the judgment of the trial court.
The defendant was convicted in the Shelby County Criminal Court of rape of a child. In this appeal as of right, the defendant presents two issues, one with subparts: (1) whether the trial court erred in admitting the following: (a) testimony of the sister of the victim concerning a prior bad act of the defendant; (b) testimony of the mother of the victim concerning statements made by the victim to her following the rape; and (c) testimony of the nurse practitioner concerning statements made to her by the victim and his mother; and (2) whether the evidence was sufficient to support his conviction. We conclude that the trial court erred in admitting the testimony of the victim's sister concerning the defendant's sitting her on his lap and asking for a kiss. Nevertheless, we conclude that such error was harmless. The testimony of the mother of the victim was properly admitted pursuant to the excited utterance exception to the hearsay rule. The defendant's failure to timely object to the testimony of the nurse practitioner constitutes a waiver of that issue. We further conclude that the evidence was sufficient to support the defendant's conviction for child rape. The judgment of the trial court is affirmed.
Shelby
Court of Criminal Appeals
State vs. Carl Preston Durham E1999-02640-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Stephen M. Bevil
The defendant, Carl Preston Durham, was indicted for two counts of first degree murder (premeditated and felony), aggravated robbery, and conspiracy to commit aggravated robbery in connection with the murder of the victim, Rene Earl Cabirac, Sr. After a nine-day trial, verdicts of guilt were rendered on all four charges. At the conclusion of the guilt phase of the trial, the trial court merged the defendant's two first degree murder convictions and the jury sentenced the defendant to life imprisonment without the possibility of parole. The trial court found the defendant to be a career offender and imposed a concurrent sentence of 30 years for the aggravated robbery and a consecutive sentence of 15 years for the conspiracy. The effective sentence is, therefore, life without the possibility of parole plus fifteen years. Because there was no prejudicial error, the convictions and sentences are affirmed; however, because the trial court failed to indicate on the judgment form a merger of the felony murder and the premeditated murder, the judgment is modified to reflect a single conviction for first degree murder.
Hamilton
Court of Criminal Appeals
State vs. Michael Wayne Perry M1999-01832-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: J. O. Bond
The defendant, Michael Wayne Perry, was convicted by a Wilson County jury of second degree murder and first degree felony murder committed during the perpetration of, or attempted perpetration of, rape. The trial court sentenced Defendant to life without parole for the first degree murder conviction, twenty years as a standard Range I offender for the second degree murder conviction, and then merged the two counts into a single conviction for first degree murder. Defendant appeals his convictions and presents the following issues: 1) whether the trial court erred in admitting Defendant's recorded confession; 2) whether the trial court erred in admitting evidence obtained from the vehicle that Defendant drove on the night of the murder; 3) whether the trial court erred in admitting photographs of the victim's body; 4) whether the trial court's instructions to the jury were proper; 5) whether the evidence was sufficient for a rational trier of fact to find Defendant guilty beyond a reasonable doubt; and 6) whether the conduct of law enforcement officials in the case "shocks the conscience." Based upon a careful review, we affirm the judgment of the trial court.
Wilson
Court of Criminal Appeals
State vs. Lonnie Turner M1999-01127-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James K. Clayton, Jr.
The defendant appeals from his convictions for first degree felony murder and aggravated rape, for which he received consecutive sentences of life and twenty-two years, respectively. The defendant contests the sufficiency of the evidence, whether certain statements which he made to investigators were taken in violation of his rights, the validity of the search warrant for samples of his hair and blood, certain evidentiary and procedural rulings of the trial court, the ordering of consecutive sentences, and the denial of his motion for a new trial based upon newly discovered evidence. We affirm the judgments of conviction.
Rutherford
Court of Criminal Appeals
Ross Gunter vs. State E2000-00747-CCA-R3-CD
Trial Court Judge: Carroll L. Ross
The petitioner, Ross Gunter, pled guilty in the McMinn County Criminal Court to second degree murder and was ordered to serve one hundred percent (100%) of his fifteen year sentence in confinement. The petitioner filed a petition for post-conviction relief alleging fault in the plea agreement, and the post-conviction court denied relief. On appeal, the petitioner raises the following issues for our review: (1) whether the post-conviction court erred in not granting the petition for post-conviction relief based on the State's breach of the plea agreement, and (2) whether the post-conviction court erred in not granting the petition for post-conviction relief because the petitioner did not knowingly and voluntarily enter a guilty plea. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
The defendant, Jesse C. Goodman, Jr., was convicted by a Hickman County jury of one count of aggravated assault, a Class C felony, three counts of reckless endangerment, a Class E felony, and one count of assault, a Class A misdemeanor. All counts arose out of a single incident of domestic violence, with ramifications that included a four-hour standoff between the defendant and five law enforcement officers. The defendant was sentenced as a Range II, multiple offender to nine years for aggravated assault; two years for each of the reckless endangerment convictions; and eleven months and twenty-nine days for assault. The sentences for aggravated assault and reckless endangerment were ordered to be served consecutively, and the misdemeanor conviction was ordered to be served concurrently as to the other sentences, for an effective sentence of fifteen years in confinement. In this appeal as of right, the defendant presents two issues: (1) Whether the evidence was sufficient to convict him of either aggravated assault or assault; and (2) Whether the sentences were appropriate, both as to length of the aggravated assault sentence and the consecutive manner of service of the aggravated assault sentence and the reckless endangerment sentences. We conclude that the convicting evidence was sufficient, both as to the aggravated assault charge and the assault charge. We further conclude that the nine-year sentence for aggravated assault was appropriate, as was the consecutive manner of service of the sentences for aggravated assault and reckless endangerment. The judgment of the trial court is affirmed.
Jeffrey Bivens appeals from the Madison County Circuit Court's denial of his petition for post-conviction relief. Although the petition was filed outside the one year limitations period, the post-conviction court excused the "late-filed" petition "in the interest of justice." Following a hearing upon the merits of the petition, the court denied post-conviction relief. Because the petition was time-barred, the post-conviction court was without jurisdiction to conduct a hearing on the merits. For this reason, dismissal of the petition is affirmed.
Madison
Court of Criminal Appeals
State vs. Johnnie Bell, Jr. E1999-00819-CCA-R9-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Phyllis H. Miller
Sullivan
Court of Criminal Appeals
State vs. Johnnie Bell, Jr. E1999-00819-CCA-R9-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Phyllis H. Miller
Sullivan
Court of Criminal Appeals
State vs. Jason Beeler W1999-01417-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: William B. Acree
The defendant appeals from jury trial convictions for reckless homicide, felony murder, aggravated burglary, and two counts of especially aggravated kidnapping. In this appeal, the defendant alleges insufficient evidence, errors in admitting certain evidence, prosecutorial misconduct, improper instructions, and error in denying his writ of error coram nobis. Concluding that it was reversible error to not instruct on the lesser-included offenses of felony murder, we remand for a new trial on the felony murder count. We affirm the remaining convictions.
Obion
Court of Criminal Appeals
Alvin Vonner vs. State M2000-00566-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Timothy L. Easter
The petitioner, Alvin Vonner, appeals the Hickman County Circuit Court's summary dismissal of his petition for habeas corpus relief and alleges that his 60 year second degree murder sentence has expired. Because the record fails to establish that the sentence has expired, we affirm the dismissal of the petition.
Hickman
Court of Criminal Appeals
Darrick Edwards vs. State E1999-01204-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Douglas A. Meyer
The petitioner, Darrick Edwards, appeals the trial court's denial of his petition for post-conviction relief. Because the petitioner was provided the effective assistance of counsel and knowingly and voluntarily entered his pleas of guilt to first degree murder, conspiracy to commit first degree murder, aggravated robbery, and conspiracy to commit aggravated robbery, the judgment is affirmed.
Hamilton
Court of Criminal Appeals
State vs. DeWayne Greene E1999-01288-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: O. Duane Slone
Defendant, Dewayne Greene, was convicted by a guilty plea of simple assault, resisting arrest, evading arrest, and reckless endangerment in Hamblen County Circuit Court. The trial court sentenced Defendant to eleven months and twenty-nine days, with three-hundred days to be served in confinement. Defendant was also indicted by the Jefferson County Grand Jury for two counts of aggravated assault arising from incidents involving the same victim as those which generated the Hamblen County indictments. Defendant pled guilty in the Jefferson County Circuit Court with the condition that the trial court "reserve an entry of conviction" until the court heard Defendant's motion to dismiss on grounds of double jeopardy. After the trial court heard and denied Defendant's motion, it sentenced Defendant as a Range I offender to concurrent terms of six years for each count of aggravated assault. In this appeal, Defendant argues that (1) double jeopardy bars the Jefferson County convictions because Defendant's previous Hamblen County convictions were based upon the same conduct, and (2) Defendant's sentence for the aggravated assault convictions is excessive. After a thorough review of the record, we find that only Defendant's sentencing issue is properly before this Court. Defendant failed to properly reserve the double jeopardy issue as a certified question of law for appellate review. We affirm the sentence of six years for count 1 and reduce the sentence for count 2 to five years; the total effective sentence remains at six years.
Jefferson
Court of Criminal Appeals
State vs. Deborah Graham & Denice Smith E1999-02248-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Rex H. Ogle
After a jury trial, a Cocke County jury found the Defendants, Deborah Graham and Denice Smith, guilty of the first degree murder of Aaron Smith. Following a sentencing hearing, the trial court sentenced both Defendants to life imprisonment with the possibility of parole. In this appeal as of right, the Defendants raise the following issues: 1) whether the trial court erred in not dismissing the indictments because of the State's failure to provide the Defendants with a speedy trial; 2) whether the trial court erred by allowing the State to decide not to consolidate Alexandro Rivera's case with the Defendants' case, because of a potential Bruton problem, without first granting the Defendants an opportunity to be heard on the issue; 3) whether the trial court erred in failing to sever Defendant Smith's case from Defendant Graham's case; 4) whether the trial court erred in consolidating Defendant Graham's case with Defendant Smith's case; and 5) whether the evidence was sufficient to convict each of the Defendants of first degree murder. After a thorough review of the evidence and the applicable law, we affirm the decision of the trial court.
State vs. Danny Harold Ogle E2000-00421-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Defendant entered a best interest plea of guilty to vehicular homicide by recklessness. The plea attempted to reserve a certified question of law relating to the destruction of evidence; namely, the victim's vehicle. Specifically, defendant contends the destruction of the vehicle while it was under state control deprived him of due process, and the trial court should have dismissed the indictment. Upon our review of the record, we conclude that we have no jurisdiction to address the certified question. The appeal is dismissed.
Sevier
Court of Criminal Appeals
State s. Ricky Eugene Cofer E2000-00532-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: E. Eugene Eblen
Defendant was indicted for aggravated robbery, and a Roane County jury found him guilty of the lesser offense of simple robbery, a Class C felony. The trial court sentenced him to six years as a Range II, multiple offender, to be served consecutively to a prior Anderson County sentence. In this appeal, defendant makes the following allegations: (1) the evidence was insufficient to support his conviction; (2) the jury foreman impermissibly interjected extraneous information into the jury deliberations; and (3) consecutive sentences were not warranted. Upon our review of the record, we affirm the judgment of the trial court.
