87 results for 'court:"Tennessee Court of Criminal Appeals"'.
J. Greenholtz finds the lower court improperly applied defendant’s pretrial jail credits. Defendant was convicted of burglary, aggravated kidnapping and aggravated robbery, and received an effective 20-year sentence. The lower court awarded him pretrial jail credit of 282 days, but ordered it only applied to the first count, when it should have been applied to all counts. The matter is remanded for correction. Vacated.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 13, 2023, Case #: W2022-01758-CCA-R3-CD, Categories: Burglary, Sentencing, Kidnapping
J. Wilson finds defendant did not timely file his notice of appeal. Defendant pleaded guilty to two counts of aggravated assault, three counts of domestic assault, three counts of vandalism, one count of false imprisonment, and one count of violating an order of protection. The trial court sentenced him to 11 months and 29 days for his misdemeanor counts, and six years in the Tennessee Department of Corrections for the aggravated assault convictions to run consecutively. Defendant claims he received ineffective assistance of trial counsel, as he did not understand the consequences of his guilty plea. On appeal, the post-conviction court found no deficiency in his representation. The instant court finds defendant filed his notice of appeal after the filing deadline and will not be considered. Dismissed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: September 6, 2023, Case #: W2022-01597-CCA-R3-PC, Categories: Ineffective Assistance, Assault, Plea
J. Easter finds the lower court properly denied defendant’s request for alternative sentencing. Defendant pleaded guilty to the facilitation and sale of methamphetamine to a confidential informant in a controlled buy. A six-year sentence was agreed upon, but the manner in which he would serve was left to the court; it chose incarceration. While the lower court did abuse its discretion in sentencing the defendant without the use of a proper presentence report and failing to consider the risk and needs assessment, the issues are waived because he did not object at his sentencing hearing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: September 1, 2023, Case #: W2022-01092-CCA-R3-CD, Categories: Drug Offender, Sentencing
J. Witt finds the lower court properly revoked defendant’s probation. Defendant was convicted of aggravated assault and vandalism, and received a four-year sentence that included probation. Defendant violated the terms of his probation when he was discharged from a halfway house for drinking alcohol and contacted the victim. Defendant stayed with the victim in her home, and after consuming alcohol, became violent with her. The lower court revoked defendant’s probation and ordered him to serve out the balance of his sentence incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: August 18, 2023, Case #: E2022-00898-CCA-R3-CD, Categories: Probation, Assault, Vandalism
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J. Montgomery finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to aggravated assault and evading arrest, and as part of his plea agreement he received a five-year, split-confinement sentence. Defendant violated the terms of his probation when he entered the workplace of the victim, which violated a protective order, and proceeded to physically attack her. The instant court finds the lower court considered defendant’s behavioral history with multiple prior probation violations, and did not abuse its discretion when it revoked his probation and ordered him to serve out the remainder of his sentence in confinement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: August 9, 2023, Case #: E2022-01304-CCA-R3-CD, Categories: Probation, Assault, Restraining Order
J. Hixson finds the lower court properly convicted defendant of first degree premeditated murder for shooting a man in the back, killing him. Defendant’s argument regarding the validity of the search warrant used to search his residence is waived because he failed to properly argue the matter before the trial court. Evidence is sufficient to support his conviction and sentence of life imprisonment. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: August 9, 2023, Case #: E2022-00207-CCA-R3-CD, Categories: Evidence, Murder, Search
J. Wilson finds the lower court properly convicted defendant on three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a felony, and sentenced him to three concurrent sentences of 11 years on the drug counts and a consecutive four-year sentence for the firearm convictions. While defendant argues his sentence is excessive, the instant court finds the lower court did not abuse its discretion when it considered defendant’s past behavior and convictions when deciding his sentence and imposed a sentence that is within the statutory range. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 9, 2023, Case #: W2023-00086-CCA-R3-CD, Categories: Drug Offender, Firearms, Sentencing
J. Wilson finds the lower court properly dismissed defendant’s petition for writ of habeas corpus. Defendant was found guilty of two counts of attempted first-degree murder and received an effective 47-year sentence. Defendant argues the trial court lacked subject matter jurisdiction, and that his convictions were void under the State’s improper notice of enhanced punishment. But the instant court finds defendant’s claims are without merit as his assertions would not void the judgments even if found to be true. The lower court did not abuse its discretion and defendant is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-00857-CCA-R3-HC, Categories: Habeas, Murder, Sentencing
J. Wilson finds the lower court properly convicted defendant of driving under the influence (DUI), to which he pleaded guilty, and sentenced him to 11 months, 29 days in confinement per his plea agreement. Also in the agreement is that the trial court would determine the manner of service, and it ordered the sentence to be served at 75 percent and to run consecutive to a life sentence he was on parole for at the time of the DUI. The trial court did not abuse its discretion in sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-01334-CCA-R3-CD, Categories: Sentencing, Dui
J. Wedemeyer finds the lower court properly convicted defendant of sale and delivery of cocaine for selling crack cocaine to a confidential informant. While defendant argues evidence is not sufficient and substitute evidence for the prerecorded funds used in the transaction should not have been allowed, other evidence presented in the case is sufficient and the court gave the jury instructions requested by defendant regarding the prerecorded funds evidence. Evidence is sufficient to support defendant’s convictions and 28-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: August 2, 2023, Case #: M2022-00512-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
J. Ayers finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of second degree murder, attempted second degree murder, attempted voluntary manslaughter, using a firearm during the commission of a dangerous felony, and possession of a firearm where alcoholic beverages are served. Defendant was an off-duty deputy who shot two men during an altercation in the parking lot of a karaoke bar, killing one of them and injuring the other. He received an effective 26-year sentence to be served in the Department of Correction. Defendant has not established the necessary requirements to support his argument of plain error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: August 1, 2023, Case #: W2023-00141-CCA-R3-CD, Categories: Fair Trial, Murder, Sentencing
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of first-degree felony murder, setting fire to personal property, and three counts of aggravated assault for his role in the robbery and death of a man, as well as the burning of the victim's vehicle. Defendant received an effective life sentence. The lower court properly denied defendant’s request for DNA testing of hair samples, as they no longer exist, and he is not entitled to relief under his claim of cumulative error as he did not establish error made in the case. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: July 31, 2023, Case #: E2022-01302-CCA-R3-PC, Categories: Dna, Murder, Assault
J. Montgomery finds the lower court properly convicted defendant of conspiracy to possess more than 26 grams of cocaine with the intent to sell or deliver in a drug-free zone, for manufacturing and selling crack cocaine. Defendant also received a criminal gang enhancement as it was determined that he is a member of a local gang and the acts that led to his convictions were gang-related. Evidence is sufficient to support defendant’s convictions and 15-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: July 31, 2023, Case #: E2022-00601-CCA-R3-CD, Categories: Drug Offender, Sentencing, Gangs
J. Ayers finds the lower court properly convicted defendant of three counts of aggravated stalking and one count of stalking for multiple incidents of following a woman and her daughters, attempts to enter their home, and threatening them. Evidence is sufficient to support his convictions and effective eight-year sentence as a multiple offender to be served in a local warehouse. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: July 31, 2023, Case #: W2022-01204-CCA-R3-CD, Categories: Evidence, Harassment
J. Holloway finds that the lower court improperly denied defendant’s petition for post-conviction relief on counts one through four of his five theft convictions. Property that had been reported stolen was found in defendant's tattoo parlor. Defendant presented sufficient evidence that trial counsel failed to object to a detective's hearsay testimony as to ownership of the property found in counts one through four. The victim in count five testified to his ownership of a stolen laptop, so that conviction stands. Vacated in part.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: July 5, 2023, Case #: M2022-01736-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Theft
J. Campbell finds the lower court properly convicted defendant of rape, two counts of incest and two counts of statutory rape by an an authority figure for acts committed against his daughter over several years. The instant court finds no error or abuse of discretion by the lower court, and evidence is sufficient to support defendant’s convictions and effective 90-year sentence to be served in the Tennessee Department of Corrections. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: July 5, 2023, Case #: W2022-00680-CCA-R3-CD, Categories: Evidence, Sex Offender
J. Hixson finds the lower court improperly determined the amount of restitution. Defendant was convicted of aggravated assault and being a convicted felon in possession of a firearm for pistol whipping and shooting a co-worker multiple times over an argument about a broken machine. Defendant received an effective 45-year sentence and was ordered to pay restitution in the amount of $25,474. The lower court improperly evaluated defendant’s ability to pay the restitution, was incorrect in its statement that defendant would be able to convert the restitution to a civil judgment after a year, and evidence is insufficient to support the amount of restitution ordered by the lower court. The matter is remanded for a new restitution hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 29, 2023, Case #: W2022-00656-CCA-R3-CD, Categories: Firearms, Assault, Restitution
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated robbery and aggravated burglary for taking electronics and other items from the victim’s apartment at gunpoint. Defendant was sentenced to 15 years for the aggravated robbery and 8 years for the aggravated burglary to run concurrently. Defendant’s claim of ineffective assistance of trial counsel is not substantiated, as he failed to show that trial counsel was defective in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: June 27, 2023, Case #: M2022-00727-CCA-R3-PC, Categories: Burglary, Ineffective Assistance, Robbery
J. Easter finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of attempted rape and attempted aggravated kidnapping for engaging in sex with an unconsenting 17-year-old girl. Evidence is sufficient to support his convictions and effective 30-year sentence. The matter is remanded to the trial court for judgment on the charge of violation of the sex offender registry. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: June 12, 2023, Case #: E2022-01045-CCA-R3-CD, Categories: Evidence, Sex Offender, Kidnapping
J. Montgomery finds the lower court properly denied defendant’s motion to dismiss. Defendant was convicted of two counts of perjury for signing affidavits indicating that he had personally served two civil summonses, when his girlfriend was actually the person who served them. Evidence is sufficient to support his convictions and effective sentence of 11 months and 29 days on probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: June 9, 2023, Case #: E2022-00758-CCA-R3-CD, Categories: Evidence, Perjury
J. Wedemeyer finds the lower court properly convicted defendant for being a convicted felon in possession of a firearm, evading arrest while operating a motor vehicle, reckless driving, driving while unlicensed, violation of the registration law, and disobeying a stop sign. Defendant fled a traffic stop in the vehicle he was driving, which he ultimately crashed and left the scene. During the course of a vehicle search, officers discovered defendant’s identification and police dogs located a loaded handgun along defendant’s escape route. Evidence is sufficient to support his convictions and effective 10-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: June 5, 2023, Case #: W2022-00814-CCA-R3-CD, Categories: Evidence, Firearms, Vehicle
J. Hixson finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to second degree murder and received a 45-year sentence to be served in its entirety. Though defendant argues trial counsel's failure to file a motion to suppress his confession to the county sheriff was a deficiency in his representation, the lower court found it was not, and that trial counsel did not file based on his analysis that defedant's confession was properly handled by police. The instant court finds no error in the lower court’s decision, and defendant’s claim of ineffective assistance of trial counsel is without merit as he was properly represented. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 5, 2023, Case #: W2022-00642-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Murder
J. McMullen finds the lower court properly convicted defendant of first-degree premeditated murder and tampering with evidence for shooting his mother in the head. Defendant received an effective life sentence. Defendant argues he was denied funds to obtain expert services, but the instant court finds he did not demonstrate a need for expert services. And defendant’s claim the lower court committed error when it excluded a conversation he had with his aunt is without merit, as the conversation is deemed hearsay. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: June 1, 2023, Case #: W2022-00023-CCA-R3-CD, Categories: Evidence, Murder
J. Witt finds the lower court properly convicted defendant, as he pleaded guilty to six counts of sexual battery by an authority figure and two counts of theft of property valued at $1,000 or less. Defendant engaged in sexual activity with a student assigned to him as an aide at the high school where he was employed. Defendant also gave the victim and another student Chromebook computers that belonged to the school, resulting in defendant’s theft convictions. Defendant sought probation at sentencing, but the plea agreement stipulated the lower court would determine the sentence and manner of service, ultimately issuing an effective 10-year sentence with nine months served in confinement. The lower court sentence aligns with the terms of defendant's plea agreement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 26, 2023, Case #: E2022-00715-CCA-R3-CD, Categories: Sentencing, Sex Offender, Theft