APPELLATE COURT OPINIONS

The appellant, Ralph Avery Smith, was convicted of the sale of cocaine, a class B felony, and sentenced as a Range I standard offender to eight years in the Department of Correction. On appeal, the appellant argues (a) that the evidence was insufficient to support the jury's verdict, (b) that a prospective juror was improperly removed by the prosecution in violation of Batson v. Kentucky, 476 U.S. 79 (1986), (c) that the trial court erred in admitting certain evidence, and (d) that he was denied the effective assistance of counsel at trial.

The appellant was convicted of first degree murder and attempted second-degree murder in violation of Tenn. Code Ann. § 39-13-202(a)(1) and §39-12-101(a). Judgment was entered and following a sentencing hearing, the appellant was sentenced to death by electrocution for the first degree murder and to thirty (30) years imprisonment for the attempt to commit second-degree
murder, to be served consecutively. On appeal, the following issues are presented for our review:

The appellant has filed a petition for rehearing stating that this Court’s opinion failed to address the request in her brief that she be awarded attorney’s fees incurred on appeal. After due consideration, the appellant’s request for an award of attorney’s fees occurred on appeal is denied.