Court of Criminal Appeals Opinions

Format: 07/29/2014
Format: 07/29/2014
STATE OF TENNESSEE v. DARRELL RAY BEENE
M2013-02098-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Cheryl Blackburn

Darrell Ray Beene (“the Defendant”) was convicted by a jury of one count of robbery and one count of criminal attempt to commit especially aggravated kidnapping. The trial court sentenced the Defendant to an effective term of forty-two years’ incarceration. In this direct appeal, the Defendant challenges the sufficiency of the evidence and his consecutive sentences. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments.
 

Davidson County Court of Criminal Appeals 06/20/14
State of Tennessee v. Markreo Quintez Springer and William Mozell Coley
M2012-02046-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Mark J. Fishburn

A jury convicted the defendants, Markreo Quintez Springer and William Mozell Coley, of first degree (felony) murder; second degree murder, a Class A felony; and especially aggravated robbery, a Class A felony. On appeal, the defendants launch challenges against: (1) the sufficiency of the evidence; (2) the admission of a witness’s recorded prior inconsistent statement; (3) the chain of custody for DNA evidence; (4) the admission into evidence of a recording of the defendants discussing the events in the back of a police vehicle; (5) the exclusion of a recorded statement from a deceased witness; (6) the admission of testimony regarding threats against a witness made by one of the defendants; and (7) the trial court’s refusal to grant a severance. After a thorough review of the record and issues raised, we affirm the judgments of the trial court.

Davidson County Court of Criminal Appeals 06/20/14
State of Tennessee v. Jerome Antwaune Perkins
M2013-02164-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge John D. Wootten, Jr.

A jury found appellant, Jerome Antwaune Perkins, guilty of possession of 0.5 grams or more of cocaine, a Schedule II controlled substance, with intent to sell or deliver. He pleaded guilty to the accompanying charge of driving on a revoked license, third offense. He was sentenced to fifteen years as a multiple offender for the drug conviction and the agreed-upon concurrent eleven months, twenty-nine days for the driving conviction. In this appeal, he challenges the sufficiency of the convicting evidence underlying the drug conviction. Following our review, we affirm the judgments of the trial court.
 

Wilson County Court of Criminal Appeals 06/20/14
State of Tennessee v. Deaundra Brooks
M2013-02670-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge David M. Bragg

Appellant, Deaundra Brooks, entered guilty pleas to two counts of robbery and received the agreed-upon sentence of five years on each count. The parties requested a sentencing hearing for determination of sentence alignment and alternative sentencing. Following the hearing, the trial court aligned the sentences concurrently but denied alternative sentencing and ordered appellant to serve the sentences in the Tennessee Department of Correction. Appellant now appeals the denial of alternative sentencing. Following our review, we affirm the judgments of the trial court.
 

Rutherford County Court of Criminal Appeals 06/20/14
State of Tennessee v. Edward Lephanna Kilcrease
M2013-00515-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Vanessa A. Jackson

In 2011, the Coffee County Grand Jury indicted Appellant, Edward Kilcrease, for aggravated burglary, employment of a firearm during commission of a dangerous felony, possession of a firearm during commission of a dangerous felony, aggravated assault, and vandalism. Prior to trial, the State dismissed the charges of employment of a firearm during commission of a dangerous felony and possession of a firearm during commission of a dangerous felony and amended the aggravated assault charge to simple assault. A jury convicted Appellant of attempted aggravated burglary and vandalism. On appeal, Appellant argues that the evidence presented by the State at trial is insufficient to support his conviction for attempted aggravated burglary. After a thorough review of the record, we conclude that the evidence presented at trial was sufficient to support Appellant’s conviction for attempted aggravated burglary because proof that Appellant actually completed the criminal offense does not render the evidence insufficient to sustain a conviction for an attempt of the same offense. Consequently, the judgment of the trial court is affirmed.
 

Coffee County Court of Criminal Appeals 06/20/14
State of Tennessee v. Ryan Sosa
E2013-02108-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Rex Henry Ogle

In this appeal, the Defendant, Ryan Sosa, contends that the trial court abused its discretion in revoking his probation and ordering his original sentences for the sale of cocaine into execution because he showed a willingness to abide by the rules of probation and had not had any issues on probation prior to the violations currently at issue. Upon consideration of the foregoing and the record as a whole, we affirm the trial court’s sentencing decision.

Sevier County Court of Criminal Appeals 06/19/14
State of Tennessee v. Brandon Harris
W2012-02574-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Lee V. Coffee

The defendant, Brandon Harris, was convicted by a Shelby County Criminal Court jury of especially aggravated robbery, a Class A felony; reckless endangerment, a Class A misdemeanor; and three counts of assault, Class A misdemeanors. He was sentenced to twenty-five years for the especially aggravated robbery conviction and eleven months and twenty-nine days for the reckless endangerment and each of the three assault convictions. All of the sentences were ordered to be served consecutively for an effective term of twenty eight years, eleven months, and twenty-five days in the Tennessee department of Correction. On appeal, the defendant argues that: (1) the trial court erred in allowing a voice recognition “expert” to testify; (2) the trial court erred in denying his request for a jury instruction regarding mere presence; (3) the evidence is insufficient to sustain his convictions; and (4) the trial court erred in imposing excessive and consecutive sentences. After review, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 06/19/14
Charles Orlando Fields v. Debra Johnson, Warden
M2013-02484-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James G. Martin, III

The pro se petitioner, Charles Orlando Fields, appeals the Hickman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus, arguing that the sentence he received for his conviction for the sale of a controlled substance within 1000 feet of a school zone is illegal. Following our review, we affirm the dismissal on the grounds that the petitioner failed to state a cognizable claim for habeas corpus relief.

Hickman County Court of Criminal Appeals 06/18/14
Timothy Barbee v. State of Tennessee
M2013-02123-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Petitioner, Timothy Barbee, pleaded guilty to possession of heroin, a Schedule I controlled substance, with intent to sell, and the trial court sentenced petitioner to the agreed-upon term of eight years at thirty percent release eligibility. In his timely petition for post-conviction relief, petitioner asserts that his guilty plea was not knowingly and voluntarily entered. After an evidentiary hearing, the post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court.
 

Davidson County Court of Criminal Appeals 06/18/14
STATE OF TENNESSEE v. RANDALL GRAINGER
M2012-02545-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

Following a bench trial Defendant, Randall Grainger, was convicted of three counts of knowingly violating a condition of community supervision for life, with each condition violated not in itself constituting a criminal offense, in violation of Tennessee Code Annotated section 39-13-526 (a),(b)(1). Each conviction is a Class A misdemeanor. The trial court imposed a sentence of eleven (11) months and twenty-nine (29) days for each conviction and ordered the sentences to be served concurrently with each other. The trial court suspended all of the effective sentence of eleven (11) months and twenty-nine (29) days except for ten (10) days’ incarceration, followed by eleven (11) months and nineteen (19) days of probation. In his appeal Defendant presents two issues for this Court’s review. First, Defendant asserts that the convictions should be reversed and the charges dismissed because Tennessee Code Annotated section 39-13-524(d)(1) violates Article II, section 3 of the Tennessee Constitution. Second, Defendant argues that the conviction based upon his failure to successfully complete sex offender treatment violates his right to due process guaranteed by both the United States Constitution and the Tennessee Constitution. After a thorough review of the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.
 

Davidson County Court of Criminal Appeals 06/18/14
State of Tennessee v. Darren Eugene Fleshman, Alias
E2013-00557-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bvins
Trial Court Judge: Judge Steven W. Sword

Darren Eugene Fleshman, alias (“the Defendant”), was convicted of theft 1 of property of at least $10,000 but less than $60,000. Following a sentencing hearing, the trial court sentenced the Defendant to four years, suspended to supervised probation, and ordered him to pay restitution in the amount of $42,815.93. On appeal, the Defendant challenges the following: the trial court’s interpretation of the definition of “owner” under Tennessee Code Annotated section 39-11-106(a)(26) (2006); the sufficiency of the evidence at trial; and the amount of restitution imposed by the trial court. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction. We, however, vacate the trial court’s order of restitution and remand this matter for a new hearing as to the amount and manner of restitution.

Knox County Court of Criminal Appeals 06/18/14
State of Tennessee v. William Creggar Snodgrass
E2013-01741-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Mary Beth Leibowitz

Appellant, William Creggar Snodgrass, was convicted of attempted rape, a Class C felony. The trial court sentenced appellant to eight years to be served in the Tennessee Department of Correction. On appeal, appellant argues that: (1) the trial court erroneously instructed the jury regarding flight; (2) the trial court erred in allowing testimony from an unsequestered witness; and (3) the evidence at trial was insufficient to support his conviction. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court.

Knox County Court of Criminal Appeals 06/17/14
State of Tennessee v. Jonathan T. Deal
E2013-02623-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Carroll L. Ross

Jonathan T. Deal (“the Defendant”) filed a motion to correct an illegal sentence. The trial court summarily denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record and applicable law, we conclude that the Defendant set forth a colorable claim. Accordingly, we remand this matter to the trial court for further proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1.

Polk County Court of Criminal Appeals 06/17/14