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TBALink Opinion-Flash
January 30, 1997 -- Volume #3 -- Number #013
Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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CHARLIE BURKS vs. BRETT STEIN Court:TCA Judge: TOMLIN First Paragraph: Plaintiff in this cause timely filed a Petition to Rehear pursuant to Rule 39 T.R.A.P., to which pursuant to this court's order defendant has filed a response. After due consideration of all the above, we are of the opinion that the petition to rehear should be denied. URL:http://www.tba.org/tba_files/TCA/BURKS2_ORD.WP6
MONICA R. WILLIAMS
vs.
CLAUDE WILLIAMS
Court:TCA
Judge: FARMER
First Paragraph:
Claude D. Williams (Husband) appeals from the trial court's award of
rehabilitative alimony to be paid to Monica R. Williams (Wife) at $500
per month for eighteen months. The judgment is affirmed in accordance
with Court of Appeals Rule 10(a)(1)(3).
URL:http://www.tba.org/tba_files/TCA/WILLIAMM_OPN.WP6
STATE OF TENNESSEE
vs.
MARY A. ANGUS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Robert H. Stovall Charles W. Burson
Asst District PD Attorney General & Reporter
P.O. Box 160 500 Charlotte Avenue
Charlotte, TN 37036-0160 Nashville, TN 37243-0497
OF COUNSEL: Clinton J. Morgan
Assistant Attorney General
Shipp R. Weems 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P.O. Box 160
Charlotte, TN 37036-0160 Dan M. Alsobrooks
District Attorney General
P.O. Box 580
Charlotte, TN 37036-0580
George C. Sexton
Assistant District Attorney General
Humphreys County Courthouse, # 206
Waverly, TN 37185
Judge: Jones
First Paragraph:
The appellant, Mary A. Angus, was convicted of driving while under the
influence, a Class A misdemeanor, by a jury of her peers. The trial
court sentenced the appellant to pay a fine of $350 and serve eleven
months and twenty-nine days in the Humphreys County Jail. The trial
court suspended all but thirty days of the sentence. In this Court,
the appellant contends the evidence contained in the record is
insufficient, as a matter of law, to support a finding by a rational
trier of fact that she was guilty of driving while intoxicated beyond
a reasonable doubt. After a thorough review of the record, the briefs
of the parties, and the authorities which govern the issue presented
for review, it is the opinion of this Court the judgment of the trial
court should be affirmed pursuant to Rule 20, Tenn. Ct. Crim. App.
URL:http://www.tba.org/tba_files/TCCA/angusmar_opn.WP6
FRANK BELL
vs.
RICKY BELL, WARDEN, AND STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Dwight E. Scott Charles W. Burson
Attorney at Law Attorney General & Reporter
4100 Colorado Avenue 500 Charlotte Avenue
Nashville, TN 37209 Nashville, TN 37243-0497
Eugene J. Honea
Assistant District Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
Washington Square, Suite 500
222 2nd Avenue, North
Nashville, TN 37201-1649
Nicholas D. Bailey
Assistant District Attorney General
Washington Square, Suite 500
222 2nd Avenue, North
Nashville, TN 37201-1649
Judge: Jones
First Paragraph:
The appellant, Frank Bell, appeals of right from a judgment of the
trial court summarily dismissing his petition for the writ of habeas
corpus. Two issues are presented for review: (a) does Tenn. Code
Ann. S 40-35-501, entitled "Release Eligibility Status --
Calculations," violate the separation of powers provisions contained
in the Tennessee Constitution, and render the judgment of the trial
court void, and (b) whether the sentences imposed by the trial court
are indeterminate sentences, which are prohibited by Tenn. Code Ann.
S40-35-211. After a thorough review of the record, the briefs
submitted by the parties, and the authorities controlling the issues
presented for review, it is the opinion of this Court that the
judgments of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/bell_opn.WP6
STATE OF TENNESSEE
vs.
BOBBY VINCENT BLACKMON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARK W. HENDERSON CHARLES W. BURSON
P.O. Box 1814 Attorney General & Reporter
Hendersonville, TN 37077
WILLIAM DAVID BRIDGERS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
LAWRENCE RAY WHITLEY
District Attorney General
KATHI PHILLIPS
Asst. District Attorney General
113 E. Main St.
Gallatin, TN 37066
Judge: PEAY
First Paragraph:
The defendant was indicted for possession of cocaine with intent to
sell and was convicted of this offense by a jury. Following his
conviction, the defendant filed a motion for arrest of judgment on the
grounds that the trial judge presided over the trial in violation of
the Tennessee Constitution because she had earlier presided over the
defendant's preliminary hearing while sitting as a General Sessions
judge. After a hearing, the trial court granted the defendant's
motion and ordered a new trial, from which the State now appeals.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
URL:http://www.tba.org/tba_files/TCCA/blackmon_opn.WP6
STATE OF TENNESSEE
vs.
TERRY L. BURTON
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Carlton M. Lewis Charles W. Burson
208 Third Avenue, 5th Floor Attorney General and Reporter
Nashville, Tennessee 37201 450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Lisa A. Naylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Victor S. Johnson, III
District Attorney General
Washington Square
222 2nd Avenue North, Ste 500
Nashville, Tennessee 37201-1649
Jon P. Seaborg
Assistant District Attorney General
Washington Square
222 2nd Avenue North, Ste 500
Nashville, Tennessee 37201-1649
Judge: Barker
First Paragraph:
The Appellant, Terry L. Burton, appeals as of right his sentence for
one count of reckless endangerment. He contends that the trial court
erred when it ordered split confinement instead of suspending his
sentence and placing him on probation. We affirm the trial court's
sentences.
URL:http://www.tba.org/tba_files/TCCA/burtont_opn.WP6
DANIEL L. CROW
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES GRIFFITH CHARLES W. BURSON
P.O. Box 456 Attorney General & Reporter
415 West Main Street
Waverly, Tennessee 37185 KAREN YACUZZO
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243
MIKE BOTTOMS
District Attorney General Pro Tem
JAMES WHITE
Assistant District Attorney General
P.O. Box 279
Lawrenceburg, Tennessee 38464
Judge: RILEY
First Paragraph:
This is an appeal from denial of post conviction relief. Crow was
convicted of second degree murder and aggravated robbery and sentenced
to an effective sixty year term of imprisonment. The issues for
review are: (1) whether defendant was denied counsel at a critical
stage of prosecution; (2) whether the post conviction court erred in
finding that personal opinions during the state's closing argument did
not constitute prosecutorial misconduct; (3) whether defendant was
denied his Fifth Amendment Due Process rights; and (4) whether the
trial court erred in finding that the defendant received effective
assistance of counsel at trial. We affirm the judgment of the trial
court pursuant to Rule 20 of this court.
URL:http://www.tba.org/tba_files/TCCA/crowdan_opn.WP6
STATE OF TENNESSEE
vs.
RICHARD L. DARNELL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jeffrey A. DeVasher Charles W. Burson
Assistant Public Defender Attorney General & Reporter
1202 Stahlman Building 500 Charlotte Avenue
Nashville, TN 37203 Nashville, TN 37243-0497
(Appeal Only)
Timothy F. Behan
David M. Siegel Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
1202 Stahlman Building Nashville, TN 37243-0493
Nashville, TN 37203
(Trial Only) Victor S. Johnson, III
District Attorney General
OF COUNSEL: Washington Square, Suite 500
222 Second Avenue, North
Karl Dean Nashville, TN 37201-1649
Metropolitan Public Defender
1202 Stahlman Building Roger D. Moore
Nashville, TN 37203 Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge: Jones
First Paragraph:
The sole issue presented for review is whether the sentence imposed by
the trial court is excessive. The appellant, Richard L. Darnell,
contends the sentence is excessive because the trial court erroneously
used certain enhancement factors to increase the sentence within the
appropriate range. After a thorough review of the record, the briefs
of the parties, and the authorities governing the issue presented for
review, this Court is of the opinion that the judgment of the trial
court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/darnellr_opn.WP6
STATE OF TENNESSEE
vs.
RICKY C. HILL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Ricky C. Hill, Pro Se Charles W. Burson
11755-074 FMC Lexington Attorney General & Reporter
P.O. Box 14500
Lexington, KY 40512-4500 Daryl J. Brand
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Michael Layne
District Attorney General
P.O. Box 147
Manchester, TN 37355
Judge: SUMMERS
First Paragraph:
The appellant, Ricky C. Hill, was convicted of possession of a
controlled substance with the intent to sell. He was sentenced to two
years confinement. He was released on bond during the pendency of his
appeal. While on bond he was arrested on federal drug charges. The
federal court sentenced him to fourteen years confinement. The
appellant's state conviction became final in February of 1992. In
March of 1995, the appellant filed a motion in the trial court for
relief from consecutive sentencing. The trial court dismissed the
appellant's motion holding "that the motion was without merit in that
the judgment in question has become final." Hill now appeals.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/hillrc_opn.WP6
STATE OF TENNESSEE
vs.
CHANNING HIRTLE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
C. DIANE CROSIER CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
407 C Main Street
P.O. Box 68 M. ALLISON THOMPSON
Franklin, TN 37065-0068 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
MARK PURYEAR
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: RILEY
First Paragraph:
The appellant, Channing Hirtle, appeals his sentences imposed by the
Circuit Court of Williamson County following his guilty plea to three
(3) counts of aggravated burglary and three (3) counts of theft under
$500. Hirtle received an effective sentence of 28 years as a
persistent offender. Hirtle claims that the trial court erred by
relying on his prior criminal record to both enhance his sentences and
order consecutive sentencing. Further, Hirtle argues that the trial
judge did not apply as a mitigating factor that Hirtle's conduct did
not cause or threaten serious bodily injury or harm. Therefore, he
claims that his sentences are excessive. We affirm pursuant to Rule
20 of the Tennessee Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/hirtle_opn.WP6
WILLIAM C. MILLER
vs.
ROBERT CONLEY, WARDEN
Court:TCCA
Attorneys:
For Appellant: For Appellee:
William C. Miller, Pro Se Charles W. Burson
No. 167022 Attorney General & Reporter
Lake County Regional
Correctional Facility Robin L. Harris
Route 1, Box 330 Assistant Attorney General
Tiptonville, TN 38079 450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge: WADE
First Paragraph:
The petitioner, William C. Miller, appeals the trial court's denial of
habeas corpus relief. The issue presented for review is whether the
trial court erred by entering a summary dismissal. We find no error
and affirm the judgment.
URL:http://www.tba.org/tba_files/TCA/MILLERWC_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL W. MOORE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TIMOTHY JOEL WILLIAMS CHARLES W. BURSON
-and- Attorney General & Reporter
W. MARK WARD
147 Jefferson, Suite 909 WILLIAM DAVID BRIDGERS
Memphis, TN 38103 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
JOHNNY R. McFARLAND
Asst. District Attorney General
District Attorney General's Office
201 Poplar Ave. - 3rd Fl.
Memphis, TN 38103
Judge: PEAY
First Paragraph:
The defendant was charged in the indictment with aggravated burglary
and with theft of property valued over ten thousand dollars ($10,000).
He entered guilty pleas to the indicted charges and a sentencing
hearing was held. At the sentencing hearing, the trial judge denied
the defendant's request for judicial diversion or other alternative
sentencing and imposed concurrent sentences of three years on each
conviction. REMANDED FOR RESENTENCING.
URL:http://www.tba.org/tba_files/TCCA/MOORE2_OPN.WP6
LEMUEL S. NELSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
W. MARK WARD CHARLES W. BURSON
Assistant Shelby County Attorney General and Reporter
Public Defender
147 Jefferson, Suite 900 CLINTON J. MORGAN
Memphis, TN 38103 Assistant Attorney General
(on appeal) 450 James Robertson Parkway
Nashville, TN 37243
DONNA J. ARMSTARD
Assistant Shelby County JOHN W. PIEROTTI
Public Defender District Attorney General
201 Poplar Avenue
Memphis, TN 38103 REGINALD R. HENDERSON
Assistant District Attorney
201 Poplar Avenue
Memphis, TN 38103
Judge: SMITH
First Paragraph:
Appellant Lemuel S. Nelson appeals the trial court's denial of his
petition for post-conviction relief. He presents the following issues
for review: (1) whether the trial court erred in finding that his
guilty plea was knowing and voluntary; and (2) whether the trial court
erred in finding that his trial counsel rendered effective assistance.
After a review of the record, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/nelsonls_opn.WP6
STATE OF TENNESSEE
vs.
CONNIE A. PARSONS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
L. GILBERT ANGLIN CHARLES W. BURSON
LISA A. EISCHEID Attorney General and Reporter
8 Lincoln Square
1535 West Northfield Blvd. CLINTON J. MORGAN
Murfreesboro, TN 37129 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM WHITESELL
District Attorney General
Third Floor, Judicial Bldg.
Murfreesboro, TN 37130
Judge: WELLES
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. Upon her pleas of guilty, the Defendant was
convicted of two counts of facilitating the rape of a child. For
these Class B felony convictions, the Defendant was ordered to serve
two consecutive ten-year terms in the Department of Correction as a
Range I standard offender. It is from the sentences imposed by the
trial court that the Defendant appeals. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/parsonsc_opn.WP6
STATE OF TENNESSEE
vs.
JABBAUL PETTUS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES CHARLES W. BURSON
19th District Public Defender Attorney General and Reporter
113 Sixth Avenue, West
Springfield, TN 37172 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
WILLIAM CLOUD
Assistant District Attorney General
204 Franklin Street
Suite 200
Clarksville, TN 37040
Judge: RILEY
First Paragraph:
The appellant, Jabbaul Pettus, appeals the sentence imposed by the
Circuit Court of Montgomery County after he was found to be in
violation of the terms and conditions of the community corrections
program. While on the program he committed and pled guilty to the
offense of attempted aggravated robbery. At the time of the new
offense, Pettus was serving an eight (8) year sentence with the
community corrections program for possession of cocaine with the
intent to sell. As a result, the trial court revoked his sentence
under the Community Corrections Act and re-sentenced him to ten (10)
years for the drug charge and six (6) years for the attempted
aggravated robbery, with the sentences to be served consecutively.
Pettus claims that his sentence for possession of cocaine with the
intent to sell is illegal because he was sentenced for a Class B
felony whereas the indictment merely alleged a Class C felony. He
further maintains that he should have received a separate re
sentencing hearing for the drug charge apart from the sentencing
hearing on attempted aggravated robbery. Finally, appellant argues
that the trial court erred in ordering consecutive sentencing. We
find no error and affirm.
URL:http://www.tba.org/tba_files/TCCA/pettus_opn.WP6
STATE OF TENNESSEE
vs.
ARCHIE LEE ROBERTS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY D. DYCUS CHARLES W. BURSON
Assistant Public Defender Attorney General & Reporter
215 Reagan Street
Cookeville, TN 38501
MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
WILLIAM EDWARD GIBSON
District Attorney General
ANTHONY J. CRAIGHEAD
Assistant District Attorney General
145 South Jefferson Avenue
Cookeville, TN 38501
Judge: RILEY
First Paragraph:
The defendant was convicted by jury verdict of first degree murder and
attempted first degree murder. Defendant was seventeen (17) years of
age at the time the offenses were committed. He was sentenced to life
imprisonment for first degree murder and twenty (20) years for second
degree murder to run consecutively. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/robertsa_opn.WP6
LARRY DARNELL RUSSELL
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Larry Darnell Russell, Pro Se Charles W. Burson
Cold Creek Correctional Facility Attorney General & Reporter
P.O. Box 1000
Henning, TN 38041-1000 Clinton Morgan
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General(Present)
John W. Pierotti
District Attorney General(Former)
Terrell L. Harris
Asst. Dist. Attorney General
Third Floor
Criminal Justice Complex
201 Poplar
Memphis, TN 38103
Judge: Summers
First Paragraph:
The appellant, Larry Darnell Russell, pled guilty to robbery in March
1976. On December 5, 1995, he filed a pro se petition for
post-conviction relief alleging ineffective assistance of counsel.
The trial court dismissed the petition on the ground that it was
barred by the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/RUSSELL2_OPN.WP6
STATE OF TENNESSEE
vs.
LUCIEN SAMUEL SHERROD
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Lionel R. Barrett, Jr. Charles W. Burson
Attorney at Law Attorney General and Reporter
Washington Square Two
Suite 417 William David Bridgers
222 Second Avenue, North Assistant Attorney General
Nashville, TN 37201 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Thomas Thurman
Jon Seaborg
Asst. District Attorneys General
Washington Square Building
222 2nd Avenue North
Nashville, TN 37201
Judge: Hayes
First Paragraph:
The appellant, Lucien S. Sherrod, was convicted by a jury in the
Davidson County Criminal Court of first degree murder and was
sentenced to life imprisonment without the possibility of parole. On
appeal, he raises three issues for our determination: (1) whether
the evidence was sufficient to support a conviction for first degree
murder; (2) whether the introduction of hearsay statements of the
deceased victim was error; and (3) whether the evidence was sufficient
to support the sentence of life imprisonment without parole. After
reviewing the record and applicable case law, we conclude that the
trial court did not commit error. Accordingly, we affirm the judgment
entered by the trial court.
URL:http://www.tba.org/tba_files/TCCA/sherrodl_opn.WP6
STATE OF TENNESSEE
vs.
TOMMY FRANKLIN SPAIN, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Daniel W. Cook Charles W. Burson
Attorney at Law Attorney General & Reporter
102 Main Street, North 500 Charlotte Avenue
Ashland City, TN 37015 Nashville, TN 37243-0497
William David Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Dan M. Alsobrooks
District Attorney General
P.O. Box 580
Charlotte, TN 37036
Suzanne Lockert
Assistant District Attorney General
P.O. Box 580
Charlotte, TN 37036
Judge: Jones
First Paragraph:
The appellant, Tommy Franklin Spain, Jr., was convicted of seven (7)
counts of aggravated burglary, a Class C felony, one count of
burglary, a Class D felony, and one count of theft under $500, a Class
A misdemeanor, after pleading guilty to the offenses. The trial court
found the appellant was a persistent offender. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/spaintf_opn.WP6
THOMAS RAY TARPLE
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the appellant's pro se Motion to
Vacate Judgment. The appellant claims that he did not receive notice
of counsel's intention to withdraw nor did he receive a copy of this
Court's opinion, released December 13, 1996, affirming the judgment of
the trial court. Accordingly, the appellant requests that this Court
vacate its opinion entered on December 13, 1996, and reenter the
opinion so that he may file an application for permission to appeal to
the Supreme Court pursuant to T.R.A.P. 11.
URL:http://www.tba.org/tba_files/TCCA/TARPLEY1_ORD.WP6
DONALD F. WALTON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Richard D. Piliponis Charles W. Burson
Attorney at Law Attorney General & Reporter
209 Tenth Avenue, South
Suite 511 Lisa A. Naylor
Nashville, TN 37203 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Kymberly L. Haas
Asst. Dist. Attorney General
Washington Square Building
222 2nd Avenue North, Suite 500
Nashville, TN 37201
Judge: SUMMERS
First Paragraph:
The appellant, Donald F. Walton, pled guilty to one count of second
degree murder and one count of especially aggravated robbery. He was
sentenced to 25 years on each count. The sentences were ordered to
run consecutively for an effective sentence of 50 years. He filed a
pro se petition for post-conviction relief alleging ineffective
assistance of counsel. He was appointed an attorney and an amended
petition was filed. In his amended petition, the appellant alleged
that his trial counsel erroneously informed him that he could make
parole after serving approximately 7 1/2 years in confinement.
REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/waltondf_opn.WP6
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