Court of Criminal Appeals Opinions

Format: 03/22/2013
Format: 03/22/2013
State of Tennessee v. Bobby Duane Parker
M2012-00748-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Walter C. Kurtz

The appellant, Bobby Duane Parker, pled guilty in the Williamson County Circuit Court to four counts of theft, two counts of unlawful possession of a weapon, one count of resisting arrest, and one count of evading arrest. The trial court imposed a total effective sentence of twenty-seven years. On appeal, the appellant challenges imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court.

Williamson County Court of Criminal Appeals 02/06/13
State of Tennessee v. Arthur Lee Jamison, Jr.
M2012-00184-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

The appellant, Arthur Lee Jamison, Jr., was convicted by a jury in the Davidson County Criminal Court of selling less than .5 grams of a substance containing cocaine within 1,000 feet of a drug-free school zone, a Class B felony. The trial court sentenced the appellant 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.

Davidson County Court of Criminal Appeals 02/06/13
Frederick Alexander Avery v. State of Tennessee
M2011-02493-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Frederick Alexander Avery, was convicted by a jury in the Davidson County Criminal Court of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder. As a violent offender, he received a total effective sentence of life without the possibility of parole. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to file a motion for severance and a motion for a speedy trial and for advising the petitioner to not testify at trial. The post-conviction court denied relief, holding that the petitioner failed to establish that counsel was ineffective. However, because trial counsel had miscalculated the date for filing an appeal to the supreme court, the post-conviction court granted the petitioner a Rule 11 delayed appeal. See Tenn. S. Ct. R. 28, § 9(D)(1)(b). The petitioner appeals the denial of post-conviction relief based on his ineffective assistance of counsel claims. Upon review, we conclude that the post-conviction court properly granted the petitioner a delayed appeal. However, the post-conviction court erred by not staying the post-conviction proceeding pending the disposition of the delayed appeal.

Davidson County Court of Criminal Appeals 02/06/13
State of Tennessee v. Larry R. Porterfield
M2012-01484-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Thomas W. Graham

The defendant, Larry R. Porterfield, pleaded guilty to aggravated assault, and the Grundy County Circuit Court sentenced him as a Range I, standard offender to a term of four years’ imprisonment. On appeal, the defendant challenges the manner of service of his sentence. Discerning no error, we affirm the judgment of the trial court.

Grundy County Court of Criminal Appeals 02/06/13
State of Tennessee v. James Ryan Stephenson
E2012-01914-CCA-R3-CD
Authoring Judge: Judge Alan. E. Glenn
Trial Court Judge: Judge J. Curtis Smith

The defendant, James Ryan Stephenson, was convicted by a Rhea County jury of reckless homicide, a Class D felony, and was sentenced by the trial court as a Range II, multiple offender to eight years in the Department of Correction, to be served consecutively to his sentence in a burglary case for which he was on probation at the time of the homicide. On appeal, he argues that the trial court erred by: (1) granting the State’s request to remove a juror on the second day of trial; (2) allowing the State to impeach his credibility with his prior convictions for theft and burglary; (3) issuing a jury instruction on the impeachment of a witness after the testimony of a defense witness but not after the testimony of a State witness; and (4) failing to apply any mitigating factors in sentencing. Following our review, we affirm the judgment of the trial court.

Rhea County Court of Criminal Appeals 02/06/13
Donnell Levon Robinson v. State of Tennessee
W2012-00329-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Donnell Levon Robinson, Jr., appeals the denial of post-conviction relief, arguing that he received ineffective assistance of counsel and that his plea was involuntarily and unknowingly entered. Upon review, we affirm the judgment of the post-conviction court.

Hardeman County Court of Criminal Appeals 02/05/13
Steven Ray Kennedy v. State of Tennessee
W2012-00560-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge John T. Fowlkes Jr.

Petitioner, Steven Ray Kennedy, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his guilty-pleaded conviction for second degree murder and the resulting twenty-year sentence. On appeal, he contends that his guilty plea was not knowing and voluntary because of the ineffectiveness of counsel. Following our review of the record, we affirm the post-conviction court’s denial of relief.

Shelby County Court of Criminal Appeals 02/05/13
State of Tennessee v. Eddie Hoof
W2011-02164-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Lee V. Coffee

A Shelby County grand jury indicted appellant, Eddie Hoof, for first degree premeditated murder, first degree felony murder, attempted first degree murder, and especially aggravated burglary. A jury found him guilty of two counts of second degree murder, one count of attempted first degree murder, and one count of especially aggravated burglary. The trial court merged the two convictions of second degree murder and sentenced appellant to an effective sentence of fifty-seven years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and the trial court’s imposition of consecutive sentences. Following our review, we affirm the judgments of the trial court. However, we remand the case to the trial court for correction of the judgment form for especially aggravated burglary to reflect a consecutive sentence.

Shelby County Court of Criminal Appeals 02/05/13
State of Tennessee v. Timothy B. Lenarduzzi
M2012-01236-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Dee David Gay

Timothy B. Lenarduzzi ("the Defendant") pleaded guilty to two counts of aggravated sexual exploitation of a minor and three counts of sexual exploitation of a minor. In his plea agreement, he agreed to a sentencing range of "[e]ight to [t]welve years at one hundred percent on each count to run concurrent," leaving the length of the sentence to be determined by the trial court. After a hearing, the trial court sentenced the Defendant as a Range I offender to eleven years for each aggravated sexual exploitation of a minor conviction and eleven years for each sexual exploitation of a minor conviction, all to be served concurrently. On appeal, the Defendant argues that the length of his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

Sumner County Court of Criminal Appeals 02/05/13
State of Tennessee v. Candice Stinson
W2011-02441-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Chris Craft

The Defendant, Candice Stinson, was convicted by a Shelby County Criminal Court jury of fourteen counts of cruelty to animals, a Class A misdemeanor. See T.C.A. § 39-14-202 (2010). For each count, the trial court imposed a sentence of eleven months and twenty-nine days, with six months to be served in jail, and a $200 fine, all to be served concurrently. The court also ordered her to pay $4824 in restitution to the City of Memphis Animal Services and prohibited her from owning animals for ten years and from owning animals for commercial purposes for life. On appeal, the Defendant contends that the trial court erred by denying her full probation and requiring her to serve seventy-five percent of her sentence before becoming eligible for release. We affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 02/04/13
State of Tennessee v. April Nicole Cromwell
W2012-00209-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge C. Creed McGinley

The Defendant, April Nicole Cromwell, pleaded guilty to theft of property valued at more than $10,000, a Class C felony. See T.C.A.§ 39-14-103 (2010). The trial court sentenced the Defendant as a Range I, standard offender to three years with one year to serve and the remainder on probation. On appeal, the Defendant contends that the trial court erred by (1) failing to sentence her to community corrections or probation and (2) denying her request for judicial diversion. We affirm the judgment of the trial court.

Hardin County Court of Criminal Appeals 02/04/13
State of Tennessee v. Cynthia Denise Gray
M2011-02753-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Lee Russell

A jury convicted the defendant, Cynthia Denise Gray, of one count of the promotion of the manufacture of methamphetamine, a Class D felony, in violation of Tennessee Code Annotated section 39-17-433 (2010). The trial court sentenced her to serve three years and six months in prison as a Range I standard offender. The defendant challenges the sufficiency of the convicting evidence and the length of the sentence, as well as the trial court’s refusal to impose an alternative sentence. Having reviewed the record, we conclude that the evidence is sufficient and that there was no error in sentencing. Accordingly, we affirm the judgments of the trial court.

Bedford County Court of Criminal Appeals 02/04/13
State of Tennessee v. Bruce D. Mendenhall
M2010-02080-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve Dozier

Defendant, Bruce D. Mendenhall, was indicted by the Davidson County Grand Jury for first degree premeditated murder, and he was convicted as charged following a jury trial. The trial court sentenced Defendant to life in prison. Defendant appeals his conviction and sentence and submits the following issues for our review: (1) whether the trial court erred by refusing to suppress evidence obtained from Defendant’s person, his truck, and his tractor trailer as a result of Defendant’s initial encounter with police Sgt. Postiglione, which Defendant asserts was a seizure not supported by reasonable suspicion; (2) whether the trial court erred by refusing to suppress Defendant’s statements to police officers; (3) whether Defendant’s statements to a fellow inmate should have been suppressed; (4) whether the trial court erred by admitting evidence that Defendant solicited another person to kill three potential witnesses; (5) whether the trial court erred by denying Defendant’s motion to exclude portions of Defendant’s phone calls recorded while Defendant was incarcerated; (6) whether the trial court erred by denying Defendant’s motion to present testimony from a ballistics expert at trial; (7) whether the trial court erred by admitting into evidence items recovered from Defendant’s truck; (8) whether the trial court erred by admitting into evidence photographs of the victim’s body; (9) whether the evidence is sufficient to support Defendant’s conviction; and (10) whether the trial court erred by ordering Defendant’s sentence to run consecutively to a previously imposed sentence. After a careful review of the record, we affirm the judgment of the trial court.

Davidson County Court of Criminal Appeals 02/04/13
State of Tennessee v. Alfonzo Marquis Sutton
M2011-01575-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lee Russell

A Bedford County Circuit Court Jury convicted the appellant, Alfonzo Marquis Sutton, of conspiracy to sell and deliver .5 grams or more of a Schedule II controlled substance, cocaine. The trial court sentenced him as a Range III persistent offender to thirteen years, forty-five percent of which he was to serve in confinement before being eligible for release. On appeal, the appellant argues that the evidence is insufficient to support the conviction, that prosecutorial misconduct warranted a mistrial, and that his sentence is excessive. Upon review, we conclude that prosecutorial misconduct warrants a new trial.

Bedford County Court of Criminal Appeals 02/04/13