Tennessee Administrative Office of the Courts

The Defendant, Scotty Wayne Poarch, challenges (1) the length of his sentence imposed by the trial court as a result of his guilty pleas and (2) the trial court’s denial of alternative sentencing. After a review of the record and the applicable authorities, we discern no error in the trial court’s determinations and affirm the judgments of the trial court.
 

The appellant, Toni S. Davis, entered a plea of guilty to six counts of the sale and delivery of Suboxone, a Schedule III controlled substance used for treatment of opioid addiction. The trial court denied her request for judicial diversion, instead imposing concurrent two-year suspended sentences. The appellant challenges the denial of judicial diversion and also the imposition of a special condition of her probation that she must petition the trial court if she wishes to remain in her Suboxone treatment program for opiate addiction past six months. Following our review of the record, we affirm the judgment of the trial court.

A Davidson County jury convicted the Defendant, Kimar Rashad Peebles, of aggravated robbery, and the trial court sentenced him to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when sentencing him. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.
 

The Defendant, Marlo Davis, was convicted by a Shelby County jury of second degree murder and reckless homicide. Subsequently, the trial court merged the reckless homicide into the second degree murder conviction and imposed a sentence of forty years. In this direct appeal, the Defendant challenges (1) the sufficiency of the evidence supporting his convictions; (2) the mutually exclusive nature of the verdicts and whether the offenses were properly merged; (3) the admission of prior inconsistent statements by a witness, who had no memory of making those statements at the time of trial, as substantive evidence; (4) the imposition of the maximum forty-year sentence in violation of Blakely v. Washington, 542 U.S. 296 (2004); and (5) the cumulative effect of these errors. After a thorough review of the record and the applicable authorities, we affirm the judgment of the trial court.

Vincent Clifton (“the Defendant”) pleaded guilty to two counts of aggravated robbery, two counts of aggravated burglary, one count of employing a firearm during a dangerous felony, and one count of possession of a handgun by a convicted felon, with no agreement as to his sentences. After a hearing, the trial court sentenced the Defendant to an effective sentence of thirty-five years. The trial court also ordered the Defendant to serve his thirty-five-year sentence consecutively to a previous sentence. On appeal, the Defendant argues that the trial court erred in sentencing him. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. We remand the case solely for correction of a clerical error on one of the judgment orders.

The Appellant, Jerrico D. Graves, appeals as of right from the trial court’s revocation of his probation for Aggravated Assault. Although admitting to the violation, the appellant argues that ordering the original sentence of six years to be served in the Department of Correction was not ‘the right thing to do” because of his mental health issues. Following our review, we affirm the trial court’s revocation of probation and the appellant's sentence to the Department of Correction.
 

James G. Coons, II ("the petitioner") filed for post-conviction relief from his open plea of guilty to the lesser included offense of Second Degree Murder and received a maximum Range II sentence of 40 years in the Department of Correction. Specifically, he asserts that counsel did not investigate or prepare for trial properly or advise him properly as to the possibilities of sentencing. The petition was denied and this appeal followed. Upon a thorough review of the record, we affirm the judgment of the post-conviction court

The appellant, William, Henry Smith, Jr., appeals his Bedford County jury conviction for Driving while Motor Vehicle Habitual Offender, arguing that the evidence was insufficient to support his conviction. He also states that his six year sentence in the Department of Correction was excessive. Finding the evidence sufficient and the sentence proper, we affirm the judgments of the trial court.
 

The Petitioner, Gerald Branden Fitzpatrick, was convicted in the Davidson County Criminal Court of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court sentenced him to eleven years in confinement to be served at 100%. On appeal, the appellant contends that (1) the evidence is insufficient to support the conviction; (2) the trial court erred by failing to grant his motion for judgment of acquittal when the minor victim placed the date of the crime outside the dates alleged in the indictment; (3) the trial court erred by allowing the victim to testify through anatomical drawings rather than verbal testimony, which permitted the State to lead the victim; and (4) the trial court erred by allowing two State witnesses to give hearsay testimony. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.
 

The petitioner, Kenneth Miller, appeals the denial of his petition for post-conviction relief from his Davidson County Criminal Court jury convictions of conspiracy to deliver 300 grams or more of cocaine, delivery of 300 grams or more of cocaine, and possession with intent to deliver 300 grams or more of cocaine. In this appeal, he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court.
 

The Petitioner, Eugene Spivey, appeals the Crockett County Circuit Court’s denial of post conviction relief from his conviction of second degree murder, a Class B felony. In this appeal, the Petitioner argues that he received ineffective assistance of counsel and that he entered an involuntary and unknowing guilty plea. In the alternative, he argues the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97 (1963). Upon review, we affirm the judgment of the post-conviction court.

The Defendant-Appellant, Tolbert Cates Kail, was convicted by a Crockett County jury of two counts of especially aggravated sexual exploitation of a minor, a Class B felony, sexual exploitation of a minor with fifty images or less, a Class D felony, contributing to the delinquency of a minor, a Class A misdemeanor, and assault, a Class B misdemeanor. The trial court sentenced Kail as a Range I, standard offender to an effective sentence of twelve years at 100%. On appeal, Kail argues (1) the evidence was insufficient to support his convictions; and (2) the trial court erred in denying his motion to sever. Upon review, we affirm the judgments of the trial court.