State vs. James Robert Ledford E1999-00917-CCA-R3-CD
A Bradley County jury found the appellant, James Robert Ledford, guilty of one count of conspiring to present a false insurance claim, presenting a false insurance claim, and arson of personal property. For these offenses, the appellant was sentenced to five years, with all but ninety days suspended. In this appeal as of right, the appellant contends that (1) the trial court erred in denying suppression of his statement to the police which was obtained in violation of his constitutional rights and (2) the evidence is insufficient to support his conviction for conspiracy to present a false insurance claim. After review, we affirm.
Bradley
Court of Criminal Appeals
William Bret Robinson vs. State E1999-00950-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James B. Scott, Jr.
The state appeals the trial court's exoneration of a bond forfeiture taken against AA Bonding Company. The trial court exonerated the bonding company of the entire bond amount of $8,000, even though the forfeiture was final and the full amount had been paid to the trial court clerk. Concluding that Tenn. Code Annotated section 40-11-204(a) authorizes the action of the trial court and that the record reflects no abuse of the trial court's discretion, even though the trial court granted the exoneration via an $8,000 credit against AA Bonding's future forfeitures in Anderson County, we affirm the trial court's order to grant exoneration; however, we reverse as to the amount of, and the manner of effectuating the refund.
State vs. Orlando Ward W1999-00609-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: W. Fred Axley
Undercover police officers arrested defendant and recovered 2.7 grams of cocaine from his vehicle. Defendant was indicted for possession of cocaine with intent to sell or deliver, a Class C felony. He entered a plea of guilty to the lesser offense of attempt to commit possession of cocaine with intent to sell or deliver, a Class D felony. As a part of the negotiated plea agreement defendant agreed to a sentence of two (2) years as a standard offender. The manner of service was left for determination by the trial court. Defendant now appeals the trial court's finding that he should serve his sentence without the opportunity for alternative sentencing. We affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
State vs. Arthur Clark W1999-01747-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Chris B. Craft
The defendant was found guilty by a Shelby County jury on two counts of rape. The second count of the indictment, charging rape of a "physically helpless" victim, was merged by the trial court with the first count, charging forcible rape; and the defendant was sentenced to eight years and three months. In this appeal as of right, he argues the trial court should have forced the State to elect one count of the indictment upon which to proceed. He further challenges the sufficiency of the evidence as to both counts of the indictment. We conclude the State was not required to make an election. We further conclude that the evidence is sufficient to support the defendant's conviction for forcible rape, but not rape of a "physically helpless" victim. Thus, we remand to the trial court for entry of a new judgment in accordance with this opinion.
Shelby
Court of Criminal Appeals
Arzolia Charles Goines vs. State E1999-02459-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Ray L. Jenkins
The appellant, Arzolia Charles Goines, appeals the dismissal of his writ of error coram nobis by the Knox County Criminal Court on September 1, 1999. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Knox
Court of Criminal Appeals
State vs. Willie Smith W2001-02973-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Joseph H. Walker, III
The defendant, Willie Nathaniel Smith, appeals as of right his conviction by a jury in the Tipton County Circuit Court of delivery of .5 grams or more of cocaine, a Class B felony, and his resulting fifteen-year sentence. He also appeals the concurrent fifteen-year sentences received following his guilty pleas to two additional counts of delivery of .5 grams or more of cocaine. He contends (1) the evidence is insufficient to support his conviction in case number 4149; (2) the trial court erroneously allowed a police investigator to testify about what he heard on a recording device; and (3) his sentences in both cases are excessive. We affirm the judgments of conviction.
Tipton
Court of Criminal Appeals
State vs. Eric William Sanders E1999-00345-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: R. Jerry Beck
The Defendant pleaded guilty in Sullivan County Criminal Court to violation of a habitual traffic offender order, a Class E felony, and driving under the influence, second offense, a Class A misdemeanor. The Defendant was sentenced to serve one year in the Tennessee Department of Correction as a Range I standard offender for violation of the HTO order and eleven months and twenty-nine days, suspended except for forty-five days, for the DUI. The sentences were to run consecutively. After serving thirty percent of his one-year sentence for violation of the HTO order, the Defendant was released by determinate release to the local jail to serve the remainder of his mandatory forty-five day jail term for the DUI conviction, and he was then released on probation pursuant to determinate release. Within one year of the convictions, two warrants were filed alleging that the Defendant violated the terms of his determinate release for the HTO conviction, but neither warrant made reference to the DUI conviction. Following a hearing, at which the Defendant stipulated that he had absconded as alleged in the second warrant, the trial court revoked the Defendant's probation for the HTO conviction and ordered the Defendant to serve his sentence. The trial court continued disposition of the first warrant to allow the State to file a written motion to amend the first warrant to include the DUI conviction. The trial court then issued a third warrant to amend the first warrant to include the DUI conviction. Following a hearing on the first warrant, as amended, the trial court revoked the Defendant's probation for the DUI conviction and ordered him to serve that sentence as well. The Defendant now appeals, arguing (1) that the trial court did not have jurisdiction to revoke his probation for the DUI conviction, and (2) that the trial court abused its discretion in revoking his probation for the DUI conviction. Finding no error, we affirm the judgment of the trial court.
Sullivan
Court of Criminal Appeals
State vs. Jeremy Jones E1999-02207-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James Edward Beckner
The defendant appeals his conviction and sentence for theft of property, asserting that insufficient evidence supported the verdict and that the trial court erroneously sentenced him to three years of incarceration. We affirm the conviction and modify the sentence to two years of incarceration.
Greene
Court of Criminal Appeals
Danny S. Cosby vs State M1999-01861-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Steve R. Dozier
The Appellant, Danny S. Cosby, pleaded guilty to two counts of attempted first degree murder and to two counts of aggravated assault. Pursuant to a plea agreement, the Davidson County Criminal Court sentenced the Appellant to an effective sentence of thirty years in the Tennessee Department of Correction. The Appellant subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented. The trial court denied relief. After review, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
W1999-1453-CCA-R3-PC W1999-1453-CCA-R3-PC
Trial Court Judge: John P. Colton, Jr.
Shelby
Court of Criminal Appeals
Jerrell Livingston vs. James Dukes W2000-00840-CCA-R3-CD
Trial Court Judge: Joseph H. Walker, III
This appeal results from the trial court's denial of the petitioner's petition for writ of habeas corpus based on the fact that the challenged judgment was not invalid on its face, nor had the petitioner's sentence expired. The court also considered this request as a petition for post-conviction relief but dismissed the petition for lack of jurisdiction. Based upon our review of the record, we affirm the trial court's dismissal of the petitioner's request for habeas corpus or post-conviction relief.
State vs. William Livingstone, Jr. E1999-01362-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: James E. Beckner
A Hamblen County jury convicted the Defendant of three counts of obtaining prescription drugs by fraud, and the trial court sentenced him as a Range II persistent offender to six years incarceration for each count, with the sentences to be served concurrently, but consecutive to a previous conviction for which he received a twenty-one-year sentence. On appeal, the Defendant argues: (1) that he was improperly arraigned; (2) that the evidence is insufficient to support his convictions; (3) that a mistrial should have been ordered by the trial court when a witness speculated that the Defendant might have been Sheriff of Grainger County at one time; (4) that the trial court erred by failing to grant the Defendant's motion for a change of venue; (5) that the trial court should have recused itself; and (6) that the Defendant was denied a speedy trial. Finding no merit to these allegations, we affirm the judgment of the trial court.
Hamblen
Court of Criminal Appeals
State vs. Charles Sherman Thaxton E1999-02091-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Ray L. Jenkins
The defendant appeals his convictions for two counts of aggravated sexual battery. He contends that the trial court erred (1) by allowing rebuttal testimony of a prior consistent statement and (2) by failing to give a limiting instruction. We affirm the judgment of the trial court.
Knox
Court of Criminal Appeals
State vs. Billy Kenneth Hall E1999-02146-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Ray L. Jenkins
The defendant appeals his convictions for aggravated kidnapping and aggravated rape, contending that the evidence is insufficient to support his convictions, that the trial court should have granted a continuance to allow him to substitute counsel, and that his attorney was constitutionally ineffective. We affirm the trial court.
Knox
Court of Criminal Appeals
State vs. John D. Brown E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: R. Steven Bebb
McMinn
Court of Criminal Appeals
State vs. John D. Brown E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: R. Steven Bebb
McMinn
Court of Criminal Appeals
State vs. Michael G. Waldrum M1999-01924-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter
The defendant appeals his conviction for DUI, fourth offense, contesting the sufficiency of the evidence supporting his conviction; the validity of his seizure and arrest; and the admissibility of the breath alcohol test result, the breath alcohol test operator's videotaped former testimony, and the breath alcohol test machine's certification documents. We conclude that the trial court erred in finding the breath test operator unavailable and that his videotaped testimony should not have been allowed. We reverse the judgment of conviction and remand the case for a new trial.
Williamson
Court of Criminal Appeals
State vs. Donald Ree Jones M2000-00381-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: J. O. Bond
The defendant, Donald Ree Jones, challenges the trial court's dismissal of his motion to correct an illegal sentence. He argues that his sentence is illegal because his agreed sentence pursuant to a guilty plea following the remand of his case was higher than his initial sentence, which was overturned on appeal. We hold that a defendant may not bring an appeal as of right from the dismissal of a motion to correct an illegal sentence and that an illegal sentence is properly challenged in a petition for habeas corpus relief. Treating this appeal as a petition for a writ of certiorari, we hold that the defendant's sentence is legal and decline to grant the petition.
Wilson
Court of Criminal Appeals
State vs. Jimmy Wayne Baker M1999-00454-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: W. Charles Lee
The Defendant, Jimmy Wayne Baker, was convicted by a Bedford County jury of first degree felony murder during the perpetration of or the attempt to perpetrate theft of property, first degree premeditated murder, and aggravated arson. The trial court merged the felony murder conviction with the premeditated murder conviction. The Defendant was sentenced as a Range I standard offender to life imprisonment for the first degree murder conviction and to twenty-one years and nine months incarceration for the aggravated arson conviction, to be served concurrently. The Defendant now appeals, arguing the following: (1) that the trial court erred in instructing the jury to determine whether one of the witnesses was an accomplice; (2) that the evidence presented at trial was insufficient to convict the Defendant of premeditated murder, felony murder, or aggravated arson; (3) that the trial court erred in failing to instruct the jury that they must agree unanimously on a particular set of facts to support a finding of first degree felony murder; (4) that his convictions of both premeditated murder and felony murder violated the Double Jeopardy Clause and the Supremacy Clause; (5) that the Defendant was not properly informed of the elements of and facts necessary to constitute the offense of theft of property as the underlying felony in the felony murder conviction; (6) that the Defendant's sentence for aggravated arson was excessive; and (7) that the trial court erred in failing to instruct the jury on all elements of the offenses charged. After review, we affirm the judgment of the trial court.
Bedford
Court of Criminal Appeals
State vs. Cornelius Michael Hyde E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: D. Kelly Thomas, Jr.
Blount
Court of Criminal Appeals
State vs. Cornelius Michael Hyde E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: D. Kelly Thomas, Jr.
Blount
Court of Criminal Appeals
Jimmy Greene vs. State E2000-00426-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: D. Kelly Thomas, Jr.
A Blount County jury convicted the Petitioner of the aggravated rape of a person less than thirteen years of age, and the trial court sentenced him to twenty-two years incarceration. His conviction was affirmed on direct appeal. The Petitioner petitioned for post-conviction relief, and the trial court denied his request. He now appeals the trial court's denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial and on appeal. We conclude that the Petitioner was not denied the effective assistance of counsel and accordingly affirm the judgment of the court below.
Blount
Court of Criminal Appeals
State vs. Paul Andrew Thompson E2000-01224-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James E. Beckner
The defendant appeals his conviction for first degree murder and sentence of life imprisonment without parole, contending (1) that the evidence was insufficient to establish premeditation, (2) that the testimony of Kimberly Johnson, the victim's ex-stepdaughter, was improperly excluded, and (3) that the evidence was insufficient to establish the aggravating circumstance of mutilation of the body. We affirm the defendant's conviction and sentence.
