APPELLATE COURT OPINIONS

Because I believe the majority opinion essentially reduces the requirements of Tennessee Code Annotated section 40-35-202 (a) to a superfluity, I must respectfully dissent.

The defendant, Tommy G. Benham, was convicted of two counts of attempted aggravated robbery, a Class C felony. The trial court sentenced the defendant as a Range III, persistent offender to eleven years on each count, to be served concurrently. In this appeal of right, the defendant argues that the state failed to provide notice that it would seek enhanced punishment, as required by Tennessee Code Annotated section 40-35-202(a). The judgments of the trial court are affirmed.

Defendant appeals the trial court's denial of placement in the Community Corrections Program. Denial of placement in Community Corrections Program for untruthfulness and failure to report to begin sentence of incarceration was not abuse of discretion. We affirm.

The Defendant entered a plea of nolo contendere to vehicular homicide by reckless driving. Pursuant to her plea agreement, the Defendant received a four-year sentence, with the manner of service of the sentence to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve her entire four-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that she should have received some form of alternative sentencing. We conclude that the record supports the trial court's denial of alternative sentencing and therefore affirm the judgment of the trial court.

The Appellant, Antonio Coach, appeals from the Lake County Circuit Court's denial of his pro se petition for writ of habeas corpus. On appeal, Coach asserts that the trial court's summary dismissal of his petition for writ of habeas corpus without requiring the State to file a responsive pleading was error. Coach further asserts that his sentence is void because the juvenile court failed to make findings of fact before his transfer to circuit court. After review, we affirm the judgment of the trial court.

The defendant was convicted in 1993 of three counts of aggravated burglary, and the trial court imposed three concurrent three-year sentences. In 1995, the defendant was convicted of one count of burglary and five counts of aggravated burglary. The trial court imposed a four-year sentence for the burglary count and six-year concurrent sentences for each of the aggravated burglary counts. The defendant's latter sentences were to be served consecutively to his previous three-year sentence, with probation granted as to all sentences. Subsequently, a petition to revoke the defendant's probation was filed, alleging that the defendant had failed to report to his probation officer and failed to pay restitution as ordered. Following a hearing, the court revoked the probation, and the defendant timely appealed. On appeal, the defendant claims that there was insufficient evidence to revoke his probation, that his due process rights were violated, and that he received ineffective assistance of counsel during his probation revocation hearing. After a thorough review of the record, we affirm the judgment of the trial court but remand for entry of a corrected order revoking probation only as to Docket No. 6112.

The Defendant, Rodney M. Butler, was indicted by a Madison County grand jury for one count of unlawfully driving or being in physical control of a motor vehicle while under the influence of an intoxicant, one count of unlawfully driving or controlling a motor vehicle with a blood or breath alcohol concentration of .10% or more, and one count of driving under the influence, fourth offense. The Defendant was convicted on all three counts. The trial court merged counts one and two into count three, and, after a sentencing hearing, sentenced the Defendant as a Range II offender to four years in the Department of Correction and reduced the jury-imposed fine of $15,000 to $10,000. On appeal, the Defendant contends that the evidence was insufficient to prove that he was in physical control of the motor vehicle and also contends that he was improperly sentenced. We affirm the judgment of the trial court.

The Appellant, Timmy Fulton, appeals from the Lauderdale County Circuit Court's dismissal of his petition for post-conviction relief. In October of 1996, Fulton was convicted of second degree murder and sentenced to twenty-two years in the Department of Correction. On appeal, Fulton contends that he received ineffective assistance of counsel at trial based upon: (1) trial counsel's failure to investigate and determine his competency to stand trial or to investigate a diminished capacity defense; and (2) trial counsel's failure to adequately investigate the facts and interview material factual witnesses "in preparation of a possible factual defense." After review, we affirm.

The appellant was sentenced on November 24, 1997 for two convictions, theft of property valued in excess of $10,000 and forgery. Two concurrent three year sentences were imposed with incarceration for one year followed by two years of community corrections. Restitution was not ordered until the appellant's sentenced had expired, and she brings this appeal maintaining that the trial court lacked jurisdiction to impose restitution following the expiration of her sentence. The State concedes that the restitution order in this case was entered following the expiration of the appellant's sentence and is therefore in contravention of Tennessee Code Annotation section 40-35-304(g)(2). We agree and reverse the order of restitution entered in this case.