Court of Criminal Appeals Opinions

Format: 04/19/2015
Format: 04/19/2015
State of Tennessee v. Courtney B. Matthews
M2005-00843-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge John H. Gasaway, III

In 1996, a Montgomery County Circuit Court jury convicted the defendant, Courtney B. Matthews, of four counts of first degree felony murder and one count of especially aggravated robbery.  The jury sentenced the defendant to a term of life in prison without the possibility of parole for each first degree murder conviction, and the trial court sentenced the defendant to a term of 25 years in prison for the especially aggravated robbery.  The court ordered that all sentences be served consecutively.  On appeal, the defendant contends: (1) that he was denied due process in the delay of the preparation of his trial transcript and of the hearing on the motion for new trial; (2) that the trial court erred in not reopening the hearing on the motion for new trial; (3) that the trial court erred by permitting cameras in the courtroom during the trial; (4) that the cameras “invaded” the deliberations of the jury; (5) that the trial court should have changed venue due to the influence of pretrial publicity; (6) that the trial court erred by admitting photographs of the victims; (7) that the trial court erred by admitting DNA evidence; (8) that the trial court erred by certifying a state witness as an expert in DNA analysis; (9) that the trial court erred by admitting the testimony of the medical examiner; (10) that the trial court erred by permitting the medical examiner to utilize demonstrative aids during his testimony; (11) that the evidence was insufficient to support his convictions under a theory of criminal responsibility for the conduct of another; (12) that the evidence was insufficient to support his convictions under a theory of direct liability; (13) that the trial court violated his due process rights by “forcing” the state to proceed on inconsistent theories at his trial and the trial of his codefendant; (14) that the trial court erred by interrupting jury deliberations to provide an instruction on criminal responsibility for conduct of another; (15) that the convictions for especially aggravated robbery and felony murder violate double jeopardy principles; (16) that the evidence was insufficient to support the finding that the murders were heinous, atrocious, or cruel; (17) that the trial court erred by failing to instruct the jury on certain non-statutory mitigating factors; and (18) that the trial court erred by imposing consecutive sentencing.  Upon hearing oral arguments and reviewing the briefs of the parties, the extensive record, and the applicable law, we affirm the judgments of the trial court.

Montgomery County Court of Criminal Appeals 02/26/15
State of Tennessee v. Rubalddi Espinoza Yoc
M2014-01031-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Forest A. Durard, Jr.

Defendant, Rubalddi Espinoza Yoc, was convicted by a jury of one count of possession with intent to sell 0.5 grams or more of a Schedule II controlled substance and one count of delivery of 0.5 grams or more of a Schedule II controlled substance.  The trial court merged the two counts and sentenced Defendant to nine years’ incarceration as a Range I, standard offender, with all but one year suspended on probation.  On appeal, Defendant challenges the sufficiency of the evidence.  Based upon our review of the record and legal authorities, we affirm the judgment of the trial court.

Bedford County Court of Criminal Appeals 02/26/15
In Re: American Bonding Company
M2014-00249-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Michael W. Binkley

This is an appeal by Williamson County Bail Bondsman, Amir Karshenas of American Bonding Company, of the trial court’s denial of his motion to recuse the judge from hearing matters related to his authority to conduct business as a bail bondsman.  Following our review, we affirm the denial of the motion to recuse.

Williamson County Court of Criminal Appeals 02/26/15
State of Tennessee v. Jeffrey Scott Tucker
M2014-00861-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Jeffrey Scott Tucker, was convicted after a jury trial of assault, a Class A misdemeanor; assault of a law enforcement officer, a Class A misdemeanor; domestic assault, a Class A misdemeanor; and resisting arrest, a Class B misdemeanor.  The defendant challenges the sufficiency of the evidence for the domestic assault conviction, contending that the testimony did not establish that the victim was in fear.  The simple assault conviction, which the parties agreed would merge with the domestic assault conviction, was dismissed by the trial court after the jury returned a verdict.  The defendant asserts that allowing the jury to consider the simple assault charge was error that affected his other convictions.  We conclude that the evidence is sufficient to sustain the verdicts. We further conclude that the jury properly considered the simple assault charge. We affirm the judgment of the trial court.

Putnam County Court of Criminal Appeals 02/26/15
Marques Johnson v. State of Tennessee
M2014-01419-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steve R. Dozier

Petitioner, Marques Johnson, entered into a plea agreement in two separate cases.  In the first case, Petitioner pled guilty totwo counts of burglary of a motor vehicle and one count of theft of property valued over $500 and was sentenced to an effective sentence of six years.  In the second case, Petitioner pled guilty to two counts of burglary of a motor vehicle and one count of theft of property valued over $1,000 and was sentenced to an effective sentence of twelve years.  The trial court held a sentencing hearing and determined that the sentences should run consecutively, for a total effective sentence of eighteen years.  This Court affirmed that decision on direct appeal.  State v. Marques Sanchez Johnson, No. M2012-00169-CCA-R3-CD, 2012 WL 5188136 (Tenn. Crim. App. Oct. 18, 2012), perm. app. denied (Tenn. Jan. 22, 2013).  Petitioner subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that he did not enter his plea knowingly and voluntarily.  Petitioner claimed that his trial counsel never informed him of his right to testify at the sentencing hearing or to make a statement of allocution.  After a hearing, the post-conviction court denied relief, finding that Petitioner had not proven his claim by clear and convincing evidence.  After a thorough review of the record, we affirm the decision of the post-conviction court. 

Davidson County Court of Criminal Appeals 02/26/15
William A. Osborne v. State of Tennessee
M2014-00458-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Dee David Gay

A Sumner County jury convicted the Petitioner, William A. Osborne, of three counts of facilitation of aggravated burglary, one count of facilitation of theft of property valued more than $500, one count of theft of property valued between $1,000 and $10,000, and one count of theft of property valued between $500 and $1,000.  The trial court sentenced him as a career offender and ordered the Petitioner to serve an effective sentence of thirty-six years.  The Petitioner appealed, and this Court affirmed the judgments of the trial court.  State v. William A. Osborne, No. M2010-02412-CCA-R3-CD, 2012 WL 1243243, at *1 (Tenn. Crim. App., at Nashville, Apr. 5, 2012), perm. app. denied (Tenn. Aug. 17, 2012).  The Petitioner subsequently filed a petition for post-conviction relief, in which he alleged that his trial counsel was ineffective on multiple grounds.  The post-conviction court dismissed the petition after a hearing.  After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.

Sumner County Court of Criminal Appeals 02/26/15
State of Tennessee v. Willard V. Fleming
E2014-01137-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Jerry Beck

A jury convicted the defendant, Willard V. Fleming, of facilitation of the sale of cocaine, a Class D felony; facilitation of keeping or maintaining a dwelling used for keeping or selling controlled substances, a Class E felony; and assault, a Class A misdemeanor. The defendant challenges the sufficiency of the evidence and denial of his motion to acquit, asserting that the co-defendant’s testimony regarding the defendant’s involvement was insufficiently corroborated; that there was no proof that drugs were present because only lay testimony supported the conclusion that the substance sold was cocaine; that the evidence was insufficient to prove that the defendant maintained the dwelling; and that the confidential informant’s testimony did not establish the elements of assault. We conclude that the evidence was sufficient to support the verdicts, and we accordingly affirm.

Sullivan County Court of Criminal Appeals 02/25/15
State of Tennessee v. Devin Rogers
W2013-02442-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James M. Lammey, Jr.

The defendant, Devin Rogers, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to eleven years in the Tennessee Department of Correction. On appeal, he argues that the trial court erred in denying his motion to suppress his statement to police and that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 02/25/15
Joshua Bishop v. State of Tennessee
W2014-00509-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Lee V. Coffee

The petitioner, Joshua Bishop, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his guilty plea was knowing and voluntary. Following our review, we affirm the denial of the petition.

Shelby County Court of Criminal Appeals 02/25/15
State of Tennessee v. Joshua Jones
W2013-02119-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lee V. Coffee

A Shelby County Criminal Court Jury convicted the appellant of the aggravated assault of Jack Austin. The trial court sentenced the appellant as a Range II, multiple offender to ten years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 02/25/15
State of Tennessee v. Desmond Sykes
W2013-02005-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carolyn Wade Blackett

A Shelby County Criminal Court Jury convicted the appellant, Desmond Sykes, of two counts of aggravated robbery, a Class B felony, and the trial court sentenced him to an effective nine years in confinement. On appeal, the appellant contends that the trial court erred by denying his motion to suppress his statement to police and evidence obtained pursuant to his arrest because the police lacked probable cause for the arrest. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 02/25/15
State of Tennessee v. Joseph Sanford McNair, Jr.
E2014-00916-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Bob R. McGee

The Defendant, Joseph Sanford McNair, Jr., was convicted by a Knox County Criminal Court jury of possession with the intent to sell more than 0.5 grams of cocaine in a drug-free zone, a Class B felony, possession with the intent to deliver more than 0.5 grams of cocaine in a drug-free zone, a Class B felony, and possession of marijuana, a Class A misdemeanor. See T.C.A. §§ 39-17-417(a)(4) (2010) (amended 2012, 2014) (possession with intent to sell and to deliver), 39-17-432 (2014) (drug-free school zone), 39-17-418 (2010) (amended 2014) (possession of marijuana). The trial court merged the possession with the intent to deliver cocaine conviction with the possession with the intent to sell cocaine conviction and sentenced the Defendant to twelve years’ confinement. The court ordered concurrent service of eleven months and twenty-nine days for the marijuana possession conviction. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for possession with the intent to sell more than 0.5 grams of cocaine and (2) the court erred by denying his motion to suppress evidence. We affirm the judgments of the trial court.

Knox County Court of Criminal Appeals 02/25/15
State of Tennessee v. Joshua Paul Lewis
E2014-00918-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Joshua Paul Lewis, was convicted of two counts of rape of a child, Class A felonies, and one count of attempted rape of a child, a Class B felony. He received twentyfive year sentences for the convictions for rape of a child and a ten-year sentence for attempted rape of a child, all to be served concurrently, for an effective sentence of twentyfive years. On this delayed appeal, the defendant argues that (1) the trial court erred in denying his motion to suppress; (2) the trial court erred in denying his motion for acquittal; and (3) the cumulative effect of the errors at trial deprived him of his right to a fair trial. After reviewing the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Cumberland County Court of Criminal Appeals 02/25/15
State of Tennessee v. Mark A. Crites
M2014-00560-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Timothy L. Easter

Appellant, Mark A. Crites, was convicted of driving under the influence of an intoxicant (“DUI”), second offense.  The trial court sentenced him to eleven months and twenty-nine days in confinement.  On appeal, appellant argues that the assistant district attorney general committed prosecutorial misconduct in her closing argument and that the evidence was insufficient to support his conviction.  Following our review, we affirm the judgment of the trial court. 

Williamson County Court of Criminal Appeals 02/24/15
Nazario Araguz v. State of Tennessee
M2014-01131-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Steve R. Dozier

Petitioner, Nazario Araguz, was convicted by a jury of conspiracy to deliver 300 grams or more of cocaine in a drug-free school zone and possession with intent to deliver 300 grams or more of cocaine in a drug-free school zone.  He received concurrent seventeen-year sentences.  Petitioner filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel.  After a hearing, the post-conviction court denied relief.  On appeal, petitioner argues that he received ineffective assistance of counsel because trial counsel did not properly advise him regarding his right to testify. Following our review, we affirm the judgment of the post-conviction court. 

Davidson County Court of Criminal Appeals 02/24/15
State of Tennessee v. Jeffrey Gallaher
M2014-01232-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Robbie T. Beal

Defendant, Jeffrey Gallaher, was indicted by the Lewis County Grand Jury for one count of aggravated assault with a deadly weapon, one count of introduction of contraband into a penal institution, and one count of possession of a schedule IV drug.  After a jury trial, Defendant was found not guilty of aggravated assault.  He was convicted of introduction of contraband into a penal institution and simple possession.   The trial court sentenced Defendant to an effective sentence of six years in incarceration as a Range II, multiple offender.  On appeal, Defendant challenges the sufficiency of the evidence for the conviction for introduction of contraband into a penal institution.  He does not challenge the conviction for simple possession.  We conclude that the evidence was sufficient to support the conviction for introduction of contraband into a penal institution.  Accordingly, the judgments of the trial court are affirmed. 

Lewis County Court of Criminal Appeals 02/24/15
State of Tennessee v. Robert B. Ledford
E2014-01010-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Don W. Poole

The Appellant, Robert B. Ledford, appeals as of right from the Hamilton County Criminal Court’s summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends that the trial court erred in summarily denying his motion because the motion stated a colorable claim for relief. Following our review, we affirm the judgment of the trial court.

Hamilton County Court of Criminal Appeals 02/23/15
Carl J. Wagner v. State of Tennessee
M2014-01086-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the Petitioner, Carl J. Wagner, of first degree felony murder, second degree murder, and especially aggravated burglary. The trial court imposed a life sentence. The Petitioner appealed, and this Court affirmed the judgment for the second degree murder conviction and reversed the judgments for the first degree felony murder and especially aggravated kidnaping convictions. State v. Carl J. Wagner, No. M2010-00992-CCA-R3-CD, 2011 WL 2893098, at *1 (Tenn. Crim. App., at Nashville, July 20, 2011), perm. app. granted (Tenn. Jan. 11, 2012). Our Supreme Court reinstated the judgments for all three convictions. State v. Wagner, 382 S.W.3d 289, 291 (Tenn. 2012). The Petitioner subsequently filed a petition for post-conviction relief, in which he alleged that he was entitled to relief on multiple grounds, including that he had received the ineffective assistance of counsel. The post-conviction court dismissed the petition after a hearing. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.

Davidson County Court of Criminal Appeals 02/20/15
State of Tennessee v. Samuel L. Giddens, Jr.
M2014-01505-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl Blackburn

A Davidson County jury convicted the Defendant, Samuel L. Giddens, Jr., of reckless homicide, attempted especially aggravated robbery,1and aggravated burglary, and the trial court sentenced him to an effective sentence of fourteen years in prison.  The Defendant appealed his conviction and sentence, and this Court affirmed the trial court’s judgments.  See State v. Samuel L. Giddens, Jr., No. M2005-00691-CCA-R3-CD, 2006 WL 618312, at *1 (Tenn. Crim. App., at Nashville, Mar. 13, 2006), perm. app. denied (Tenn. June 26, 2006).  After filing several motions, all of which were dismissed or denied, the Defendant filed a motion pursuant to Tennessee Rule of Appellate Procedure 36.1 seeking to correct an illegal sentence.  The trial court denied the Defendant’s motion.  On appeal, the Defendant contends that the trial court erred because he should be awarded additional pretrial jail credits.  He further contends that his sentence for attempted especially aggravated robbery is not constitutional as it violates provisions against Double Jeopardy and that the resulting sentence is, therefore, not authorized.  After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

Davidson County Court of Criminal Appeals 02/20/15
Alejandro Avila-Salazar v. State of Tennessee
M2014-01665-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark J. Fishburn

In 2006, the Petitioner, Alejandro Avila-Salazar, pleaded guilty to second degree murder and attempted aggravated rape, and the trial court ordered the Petitioner to serve an effective sentence of forty years.  The Petitioner filed a petition for post-conviction relief, which was dismissed, and this Court affirmed the dismissal.  Alejandro Avila-Salazar v. State, No. M2008-02120-CCA-R3-PC, 2009 WL 3029604, at *1 (Tenn. Crim. App., at Nashville, Sept. 22, 2009), perm. app. denied (Tenn. Feb. 22, 2010).  Several years later, in 2014, the Petitioner filed a petition for habeas corpus relief, alleging that his guilty pleas were not knowingly and voluntarily entered because his sentence violated the jurisdictional limits of the trial court.  He further contended that the indictment against him failed to apprise him of the offense that he was being called to defend.  The habeas corpus court summarily dismissed the petition.  On appeal, the Petitioner contends that the habeas corpus court erred when it summarily dismissed his petition because his constitutional rights had been violated.  He further contends that he had been improperly denied “indigent status.”  After a thorough review of the record and applicable authorities, we affirm the habeas corpus court’s judgment.

Davidson County Court of Criminal Appeals 02/20/15
Charles Edward Meeks v. State of Tennessee
M2014-01170-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Thomas W. Graham

In 1994, a jury found the Petitioner, Charles Edward Meeks, guilty of first degree premeditated murder, and the trial court sentenced him to serve a life sentence in prison.  On direct appeal, this Court affirmed the Petitioner’s conviction and sentence.  See State v. Charles Edward Meeks, No. 01C01-9506-CC-00170, 1995 WL 687695, at *1 (Tenn. Crim. App., at Nashville, Nov. 21, 1995), perm. app. denied (Tenn. May 6, 1996).  In March 1997, the Petitioner filed a post conviction petition, and this Court affirmed the post-conviction court’s denial of relief.  Charles Edward Meeks v. State, No. 01C01-9807-CC-00295, 1999 WL 173972, at *1 (Tenn. Crim. App., at Nashville, March 30, 1999), perm. app denied (Tenn. Oct. 11, 1999).  On January 10, 2005, the Petitioner filed for a writ of error coram nobis alleging that he had discovered new evidence.  The State filed a response to the petition requesting that the trial court dismiss the petition as untimely.  The trial court agreed, and  dismissed the petition on that basis.  We affirm the trial court’s judgment.

Grundy County Court of Criminal Appeals 02/20/15
State of Tennessee v. Martinez Dennis
W2014-00403-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Lee V. Coffee

Appellant, Martinez Dennis, was convicted by a Shelby County jury of felony murder during the perpetration of a robbery and was sentenced by the trial court to life in prison. In this appeal, he raises two issues: (1) whether the trial court erred in denying his motion to suppress his custodial statement to law enforcement officers; and (2) whether the evidence was sufficient to sustain his conviction. Upon our review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 02/20/15
State of Tennessee v. James Antonio Bagwell
M2014-00017-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John H. Gasaway, III

A Montgomery County Circuit Court Jury convicted the appellant, James Antonio Bagwell, of two counts of attempted second degree murder, a Class B felony; two counts of aggravated assault while acting in concert with two or more other persons, a Class B felony; and one count of reckless endangerment by discharging a firearm into a habitation, a Class C felony. After a sentencing hearing, the appellant received concurrent sentences of ten years for each Class B felony conviction and five years for the Class C felony conviction for a total effective sentence of ten years. On appeal, the appellant contends that the evidence is insufficient to support the convictions; that the trial court committed plain error by failing to require that the State elect facts to support the attempted murder and aggravated assault charges; and that his effective sentence is excessive and should be served in an alternative to confinement. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

 

Montgomery County Court of Criminal Appeals 02/19/15
State of Tennessee v. Jameca M. Tipler
W2014-00288-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Defendant-Appellant, Jameca M. Tipler, was indicted by the Madison County Grand Jury for attempted first degree premeditated murder, aggravated assault, felony evading arrest, reckless endangerment, and felony vandalism. The jury convicted Tipler of all the charged offenses except the felony vandalism charge, which the jury determined was a misdemeanor. The trial court merged the aggravated assault conviction with the attempted first degree murder conviction and sentenced Tipler to an effective sentence of twenty-five years. On appeal, Tipler argues: (1) the evidence is insufficient to support his convictions for attempted first degree murder, aggravated assault, reckless endangerment, and misdemeanor vandalism, and (2) the jury charge and verdict form were erroneous because they did not require the jury to determine whether he was criminally responsible before determining whether he was guilty of the underlying charges, and the trial court erred by not including an instruction on the natural and probable consequences rule in its instruction on criminal responsibility. Upon review, we remand to the trial court for entry of a judgment reflecting the modified conviction for facilitation of attempted first degree murder, which should also reflect the merger of the modified conviction for facilitation of aggravated assault with the conviction for facilitation of attempted first degree murder, for entry of a judgment reflecting the indicted offense of reckless endangerment by discharging a firearm into a habitation and the modified conviction for facilitation of reckless endangerment by discharging a firearm into a habitation, and for resentencing. We affirm the trial court in all other respects.

Madison County Court of Criminal Appeals 02/19/15
Richard Blanchard v. State of Tennessee
M2014-00112-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert Crigler

The Petitioner, Richard Blanchard, was convicted of aggravated robbery, and the trial court sentenced him to an eleven-year sentence. This Court affirmed his conviction and sentence on appeal. State v. Richard Lowell Blanchard, No. M2010-1186-CCA-R3-CD, 2011 WL 2533753, at *1 (Tenn. Crim. App., at Nashville, June 24, 2011), perm. app. denied (Tenn. June 12, 2013). The Petitioner filed a petition seeking post-conviction relief, and, after a hearing, the post-conviction court denied the Petitioner relief. The Petitioner now appeals, maintaining that he received the ineffective assistance of counsel. After a review of the record, we affirm the post-conviction court’s judgment.

Bedford County Court of Criminal Appeals 02/18/15