TBALink Opinion-Flash

May 12, 1997 -- Volume #3 -- Number #051

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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00-New Opinions From TSC-Rules
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13-New Opinions From TCCA

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George Dean
TBALink Chief Editor


N RE:  The Adoption of BRANDON KAIN DICUS   
SCOTT STEEL and DARLA STEEL
vs.
MARY LOU DICUS

Court:TCA

Attorneys: 

BEN BOSTON
CHRISTOPHER V. SOCKWELL
Boston, Bates, Holt & Sockwell
235 Waterloo Street
P. O. Box 357
Lawrenceburg, Tennessee  38464
    ATTORNEYS FOR PLAINTIFFS/APPELLEES

J. DOUGLAS DICUS
P. O. Box 1119
210B South Main Street
Waynesboro, Tennessee  38485
    ATTORNEY FOR DEFENDANT/APPELLANT                         

Judge: LEWIS

First Paragraph:

This is an appeal by defendant, Mary Lou Dicus, from the decision of
the chancery court to set aside the court's order of 18 October 1993
which amended the court's order of adoption filed on 24 August 1993.
AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/DICUS_OPN.WP6
Opinion-Flash

LARRY R. FOSTER and 
LINDA H. JOHNSTON, Trustees 
of the HENRY ROGERS FOSTER
TRUST
vs.
JAY W. SHIM

Court:TCA

Attorneys:  

For the Plaintiffs/Appellees:           For the Defendant/Appellant:
Philip D. Irwin                         James C. Hofstetter
Neal & Harwell                          Nashville, Tennessee
Nashville, Tennessee                        

Judge: KOCH

First Paragraph:

This appeal involves the lease of a grocery store in Nashville. 
Following the landlord's death, the trust succeeding to the landlord's
interest filed an unlawful detainer action in the Davidson County
General Sessions Court seeking to recover possession of the property. 
The tenant appealed the adverse judgment to the Circuit Court for
Davidson County.  The circuit court granted the trust's motion for
summary judgment after finding that the tenant had breached the lease
by failing to make timely and sufficient lease payments.  We have
determined that the summary judgment must be reversed because the
trust has failed to demonstrate that it was entitled to a judgment as
a matter of law. REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/FOSTERLR_OPN.WP6
Opinion-Flash

GEORGE AVERY LAND and wife,
STELLA FAYE LAND
VS.
BUSTER CRUM and wife,   
PATRICIA L. CRUM

Court:TCA

Attorneys:  

L. Thomas Austin
P. O. box 666
Dunlap, Tennessee 37327
ATTORNEY FOR PLAINTIFFS/APPELLEES

Howard L. Upchurch
P. O., Box 381
Pikeville, Tennessee 37367
ATTORNEY FOR DEFENDANTS/APPELLANTS                        

Judge: TODD

First Paragraph:

The defendants, Buster Crum and wife Patricia L. Crum, have appealed
from the judgment of the Trial Court resolving a boundary dispute
favorably to the plaintiffs, George Avery Land and wife, Stella Faye
Land.  AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/LANDGA_OPN.WP6
Opinion-Flash

MEMPHIS PUBLISHING COMPANY
vs.
TENNESSEE PETROLEUM 
UNDERGROUND STORAGE TANK
BOARD and J. W. LUNA, AS
COMMISSIONER OF TENNESSEE
DEPARTMENT OF ENVIRONMENT
AND CONSERVATION

Court:TCA

Attorneys:  

John Knox Walkup, Attorney General and Reporter
Barry Turner, Deputy Attorney General
Attorneys for Respondents/Appellants.

S. Russell Headrick, 
Stephen P. Hale, 
Lucian T. Pera, 
Kathy Laughter Laizure, 
ARMSTRONG, ALLEN, PREWITT, GENTRY, JOHNSTON & HOLMES, 
Memphis, Tennessee
Attorneys for Petitioner/Appellee.                        

Judge: FARMER

First Paragraph:

This case is on appeal for the second time.  The Tennessee Petroleum
Underground Storage Tank Board and J. W. Luna, as Commissioner of the
Tennessee Department of Environment and Conservation (hereinafter
"Board" or "Appellants"), have appealed from the judgment of the trial
court declaring the appellee, Memphis Publishing Company (MPC),
eligible for reimbursement from the Tennessee Petroleum Underground
Storage Tank Fund (Fund) for remediation expenses incurred as a result
of a release from its underground storage tank in August 1987.  The
trial court's decision came after remand from the Middle Section of
this Court in Memphis Publishing Company v. Tennessee Petroleum
Underground Storage Tank Board, No. 01A01-9305-CH-00202, 1993 WL
476292 (Tenn. App. Nov. 19, 1993), perm. app. denied, c.r.o.  There,
the court confronted the issue of whether MPC had a right to Fund
reimbursement under the Tennessee Petroleum Underground Storage Tank
Act (Act), T.C.A. S 68-215-101 et seq., as originally enacted.   It
was argued that MPC had no right to reimbursement because its release
occurred prior to the effective date of the Act, July 1, 1988.  This
Court, speaking through Judge Lewis, held that the Act, as originally
enacted, "was intended to cover, from a Fund reimbursement
perspective, all releases regardless of date."  Upon remand, the trial
court held the court of appeal's decision "law of the case" and ruled
as hereinabove set forth.  It is urged on appeal that the decision
rendered in Memphis Publishing is not the "law of the case" regarding
MPC's Fund eligibility and that the trial court erred in so holding. 
For reasons hereinafter stated, we affirm. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/MEMPHISP_OPN.WP6
Opinion-Flash

LINDA GAIL RAY
vs.
BILLY GENE RAY

Court:TCA

Attorneys:  

Paul Bates; Boston, Bates & Holt
of Lawrenceburg, For Appellee

Robert D. Massey of Pulaski,
For Appellant                        

Judge: CRAWFORD

First Paragraph:

This is a divorce case.  Defendant, Billy Gene Ray (Husband), appeals
from the judgment of the trial court dividing the marital property and
awarding alimony to the plaintiff, Linda Gail Ray (Wife). AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/RAY_OPN.WP6
Opinion-Flash

FLORA SCRUGGS
vs.
GORDON BELL

Court:TCA

Attorneys:  

Frank M. Fly of Murfreesboro
For Appellant

David W. Kious and Robert O. Bragdon of Murfreesboro
For Appellee                        

Judge: CRAWFORD

First Paragraph:

This case involves a dispute concerning an easement for ingress and
egress.  Respondents-Appellants, Gordon Bell and Sarah T. Bell, appeal
from the order of the trial court granting an easement by estoppel to
Petitioner-Appellee, Flora Pope Scruggs, without compensation to the
Bells. REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/SCRUGGS_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
RANDY ANDERSON

WITH DISSENTING OPINION

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Shara Ann Flacy                     John Knox Walkup
District Public Defender            Attorney General of Tennessee
     and                                and
William C. Bright                   Charlotte H. Rappuhn              
Assistant Public Defender           Asst Attorney General of Tennessee
209 West Madison Street             450 James Robertson Parkway
P.O. Box 1208                       Nashville, TN 37243-0493
Pulaski, TN 38478-1208   
                                    T. Michael Bottoms     
John R. Wingo                       District Attorney General   
Assistant Public Defender           P.O. Box 459
209 West Madison Street             Lawrenceburg, TN 38464-0459         
P.O. Box 1208                          and
Pulaski, TN 38478-1208              Samuel D. Kennedy, Jr.  
                                    Asst District Attorney General
                                    10 Public Square
                                    P.O. Box 1619
                                    Columbia, TN 38402-1619                         

Judge: Tipton

First Paragraph:

The defendant, Randy Anderson, appeals from his convictions in the
Circuit Court of Maury County for aggravated burglary, a Class C
felony, and theft of property valued at over one thousand dollars, a
Class D felony.  He received sentences of five years and two years,
respectively, as a Range I, standard offender to be served
concurrently in the custody of the Department of Correction. REVERSED
AND REMANDED.

URL:http://www.tba.org/tba_files/TCCA/ANDERSON_OP2.WP6
URL:http://www.tba.org/tba_files/TCCA/ANDERSON_DIS.WP6
Opinion-Flash

WILLIAM ROBERT CANTRELL
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:      

FOR THE APPELLANT:                  FOR THE APPELLEE:

TUSCA R.S. ALEXIS                   JOHN KNOX WALKUP
915 Jefferson Street                Attorney General and Reporter
Nashville, TN 37208
                                    DARYL J. BRAND
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    WILLIAM C. WHITESELL, JR.
                                    District Attorney General
                                    Rutherford Co. Judicial Building
                                    Suite 303
                                    Murfreesboro, TN 37130                    

Judge: RILEY

First Paragraph:

The appellant, William Robert Cantrell, appeals the dismissal of his
petition for post-conviction relief filed in the Circuit Court of
Rutherford County.  Cantrell is presently serving an effective
sentence of fifteen (15) years following his guilty pleas in 1990 to
the offenses of aggravated kidnapping, aggravated rape and robbery
with a deadly weapon.  In his post-conviction petition he seeks to set
aside the guilty pleas based upon ineffective assistance of counsel. 
After a hearing, the trial court dismissed the petition.  We affirm
the judgment of the trial court. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/CANTRELL_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
FABIEN ELDRIDGE

WITH CONCURRING OPINION

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

FRANK BUCK                          CHARLES W. BURSON
124 West Main Street                Attorney General & Reporter
Smithville, TN 37166

ALAN M. DERSHOWITZ                  KATHY MORANTE
1575 Massachusetts Avenue           Assistant Attorney General
Cambridge, MA 02138                 450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    WILLIAM EDWARD GIBSON
                                    District Attorney General

                                    BEN FANN
                                    Asst District Attorney General
                                    145 South Jefferson Avenue
                                    Cookeville, TN 38501                         

Judge: RILEY

First Paragraph:

This is a direct appeal from a jury verdict of guilty of attempted
second degree murder.  The defendant was sentenced as a standard
offender to nine and one-half (9 http://www.tba.org/tba_files/TCCA/ELDRIDGE_WRP.WP6
URL:http://www.tba.org/tba_files/TCCA/ELDRIDGE_CON.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JAMES O. GAMBRELL, SR

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellee:

Gary Vandever                       John Knox Walkup
108 North Greenwood Street          Attorney General and Reporter
P.O. Box 642                            
Lebanon, TN 37088                   Daryl J. Brand          
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Tom P. Thompson, Jr.
                                    District Attorney General

                                    Robert N. Hibbett
                                    Assistant District Attorney
                                    111 Cherry Street
                                    Lebanon, TN 37087                        

Judge: Barker

First Paragraph:

This is an appeal of a certified question of law pursuant to Rule
37(b)(2)(i) of the Tennessee Rules of Criminal Procedure.  In
accordance with a plea agreement, appellant pled guilty to two counts
of incest and one count of rape.  He received four (4) year sentences
each on the incest charges and a ten (10) year sentence on the rape
offense.  All sentences were ordered to run concurrently for an
effective sentence of ten (10) years in the Department of Correction.
APPEAL DISMISSED.

URL:http://www.tba.org/tba_files/TCCA/GAMBRELL_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JOHN W. GILLIAM 

Court:TCCA

Attorneys: 

FOR THE APPELLANT                   FOR THE APPELLEE

John H. Henderson                   John Knox Walkup
District Public Defender            Attorney General and Reporter
P.O. Box 68                         450 James Robertson Parkway
Franklin, Tennessee 37065           Nashville, Tennessee 37243-0493
                    
C. Diane Crosier                    Karen M. Yacuzzo            
Assistant Public Defender           Assistant Attorney General
P.O. Box 68                         450 James Robertson Parkway
Franklin, Tennessee 37065           Nashville, Tennessee 37243-0493

                                    Joseph D. Baugh, Jr.
                                    District Attorney General
                                    P.O. Box 937
                                    Franklin, Tennessee 37065

                                    Mark L. Puryear
                                    Asst District Attorney General
                                    P.O. Box 937
                                    Franklin, Tennessee 37065                         

Judge: Barker

First Paragraph:

The Appellant, John W. Gilliam, appeals as of right his conviction and
consecutive sentence for one count of the unlawful carrying or
possession of a weapon.  He argues that the evidence introduced at
trial was insufficient to sustain his conviction and that the trial
court erred when it ordered his sentence for that crime consecutive to
another sentence for rape.  We have reviewed the record on appeal and
find no merit to the Appellant's contentions and, therefore, affirm
the trial court's judgment. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/GILLIAMJ_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHARLES FRANK GRIFFIN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

Laura Rule Hendricks                John Knox Walkup
Eldridge, Irvine & Hendricks        Attorney General & Reporter 
606 W Main Street, Suite 350
P.O. Box 84                         Timothy F. Behan
Knoxville, TN 37901-0084            Assistant Attorney General
                                    450 James Robertson Parkway
Ardena J. Garth                     Nashville, TN 37243-0493
District Public Defender    
                                    William H. Cox III 
Karla G. Gothard                    District Attorney General  
Executive Assistant 
District Public Defender            Rebecca J. Stern
701 Cherry Street, Suite 300        Asst District Attorney General
Chattanooga, TN 37402-1910          600 Market Street, Suite 310    
                                    Chattanooga, TN 37402                         

Judge: SUMMERS

First Paragraph:

The appellant, Charles Frank Griffin, was indicted on two counts of
aggravated robbery.  He was convicted by a jury on both counts.  He
received a  thirty-year sentence on each count.  The sentences were
ordered to run consecutively.  He appeals challenging the sufficiency
of the evidence and the consecutive nature of his sentences.  Upon
review, we affirm.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/GRIFFINC_OPN.WP6
Opinion-Flash

BRIAN M. HERMAN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

ARDENA J. GARTH                     JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter
11th Judicial District
                                    ELIZABETH T. RYAN
DONNA ROBINSON MILLER (appeal)      Assistant Attorney General
Asst District Public Defender       Criminal Justice Division
                                    450 James Robertson Parkway
HIRAM G. HILL (hearing)             Nashville, TN 37243-0493    
Asst District Public Defender 
701 Cherry St., Suite 300           WILLIAM COX
Chattanooga, TN 37402               District Attorney General

                                    C. LELAND DAVIS
                                    Asst. District Attorney General
                                    Courts Building, Room 310
                                    Chattanooga, TN 37402                         

Judge: WITT 

First Paragraph:

The appellant, Brian M. Herman, appeals the Hamilton County Criminal
Court's denial of his petition for post-conviction relief.  Herman was
convicted of aggravated assault, theft and possession of cocaine for
resale following pleas of guilty and nolo contendere on these charges.
He received consecutive sentences totaling 15 years, to be served in
Community Corrections, although his Community Corrections status was
later revoked and he was sent to the Department of Corrections.  In
his post-conviction petition, he alleged he did not receive the
effective assistance of counsel, and as a result, his guilty pleas
were not knowingly and voluntarily made.  The Hamilton County Criminal
Court found petitioner failed to prove his allegations and dismissed
his petition.  On appeal, the appellant challenges the ruling below
with respect to both of these issues.  In addition, he raises two
additional issues, (1) whether the state waived any defenses to the
petition by failing to file an answer, and (2) whether his due process
rights were violated when he did not receive a hearing prior to
revocation of his Community Corrections sentence.  On review of the
record, we hold the evidence does not preponderate against the trial
court's findings that the appellant received the effective assistance
of counsel at the trial level and that his guilty pleas were knowingly
and voluntarily made, and we affirm the decision of the court below
with respect to those issues.  Additionally, we hold the appellant is
not entitled to relief based upon his claims relating to the state's
failure to file an answer to the petition and the state's failure to
provide him with a Community Corrections revocation hearing. 
Accordingly, we affirm the trial court's dismissal of the petition.
AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/HERMAN_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CALVIN C. LEACH

Court:TCCA

Attorneys:    

For the Appellant:                  For the Appellee:

JOHN H. HENDERSON                   JOHN KNOX WALKUP
District Public Defender            Attorney General and Reporter
407 C Main Street   
P. O. Box 68                        KAREN M. YACUZZO
Franklin, TN  37065-0068            Assistant Attorney General                          
									Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    JOSEPH D. BAUGH, JR.
                                    District Attorney General

                                    DEREK K. SMITH
                                    Asst. District Attorney General
                                    P. O. Box 937
                                    Franklin, TN  37065-0937                      

Judge: Hayes

First Paragraph:

The appellant, Calvin C. Leach, was convicted, by a Williamson County
jury, of one count of sale of cocaine in excess of one-half gram, a
class B felony.  In addition, the jury assessed a fine of ten thousand
dollars.  The trial court imposed a sentence of ten years
incarceration in the Department of Correction and reduced the fine to
two thousand dollars.  The appellant now appeals both his conviction
and sentence, challenging (1) the sufficiency of the evidence and (2)
the length of his sentence. After a review of the record, we find no
error in the judgment of the trial court.  Accordingly, the
appellant's conviction and sentence are affirmed. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/LEACH_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JUDONE A. LEE
&
WILLIAM C. WATERS

Court:TCCA

Attorneys: 

FOR THE APPELLEES                   FOR THE APPELLANT

Glenn R. Funk                       John Knox Walkup
222 Second Ave., N., Ste. 340-M     Attorney General and Reporter
Nashville, Tennessee 37201          450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493
    for Judone A. Lee       
                                    William David Bridgers          
Virginia Lee Story                  Assistant Attorney General
P.O. Box 1608                       450 James Robertson Parkway
Franklin, Tennessee 37065-1608      Nashville, Tennessee 37243-0493

    for William C. Waters               
                                    Victor S. Johnson, III
                                    District Attorney General
                                    Washington Square, Ste 500
                                    222 Second Avenue, South
                                    Nashville, Tennessee 37201

                                    John Zimmerman
                                    Asst District Attorney General
                                    Washington Square, Ste 500
                                    222 Second Avenue, South
                                    Nashville, Tennessee 37201                         

Judge: Barker

First Paragraph:

The State of Tennessee appeals as of right the Davidson County
Criminal Court's dismissal of the Appellees' indictments for
possession of cocaine with intent to sell or deliver.  The trial court
found that the Appellees' protection against former jeopardy had been
violated in that the Appellees had already been punished for their
crimes by the State's seizure of two vehicles used in the drug sale. 
The State argues on appeal that the civil forfeiture of the Appellees'
vehicles does not amount to punishment pursuant to the double jeopardy
clauses of the United States and the Tennessee Constitutions.  We
agree and reverse the trial court. REVERSED.

URL:http://www.tba.org/tba_files/TCCA/LEE-WATR_TN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
TIMOTHY ALAN

Court:TCCA

Attorneys:                          

FOR THE APPELLANT:                  FOR THE APPELLEE:

NANCY B. MYERS                      CHARLES W. BURSON
Assistant Public Defender           Attorney General and Reporter
117 East Main Street
Gallatin, TN 37066                  JANIS L. TURNER
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    LAWRENCE RAY WHITLEY
                                    District Attorney General

                                    THOMAS DEAN
                                    Asst District Attorney General
                                    113 East Main Street
                                    Gallatin, TN 37066
Judge: WELLES

First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  Pursuant to a plea agreement, the Defendant
entered pleas of guilty to one count of theft of property over the
value of five hundred dollars ($500.00) and one count of passing a
forged check.  For these Class E felonies, the plea agreement provided
for concurrent sentences of two years for each offense, but the two
concurrent sentences were to be served consecutively to a prior
sentence of six years.  The plea agreement provided that the manner of
service of the two-year sentences was left to the discretion of the
trial judge. AFFIRMED AS MODIFIED.

URL:http://www.tba.org/tba_files/TCCA/LOCKRITA_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
TOMMY LEE MANOR

Court:TCCA

Attorneys:    

FOR THE APPELLANT:                  FOR THE APPELLEE:

WILLIAM J. PEELER                   CHARLES W. BURSON
Porch, Peeler, Williams & Thomason  Attorney General and Reporter
102 South Court Square
Waverly, TN  37185                  CHARLOTTE H. RAPPUHN
                                    Assistant Attorney General
WILLIAM H. FARMER                   450 James Robertson Parkway
JAMES H. WALKER                     Nashville, TN  37243
Waller, Lansden, Dortch & Davis
511 Union Street, Ste. 2100         DAN ALSOBROOKS
                                    District Attorney General

                                    GEORGE SEXTON
                                    Assistant District Attorney
                                    Waverly, TN  37185                      

Judge: SMITH

First Paragraph:


This is an appeal pursuant to Rule 9, Tennessee Rules of Appellate
Procedure, from the judgment of the Circuit Court of Humphreys County
affirming the District Attorney's refusal to grant pretrial diversion.
 On appeal, Appellant Tommy Lee Manor claims that the District
Attorney abused his discretion in denying his application for pretrial
diversion.  For the reasons set forth, the judgment of the trial court
is affirmed.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/MANOR_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
ELWIN SOUTH

Court:TCCA

Attorneys:  

For the Appellant:                  For the Appellees:

Elwin N. South, Sr., Pro Se         Charles W. Burson
L.C.R.C.F. Rt. 1, Box 330,          Attorney General of Tennessee
Tiptonville, TN 38079                   and             
                                    Ellen H. Pollack
                                    Asst Attorney General of Tennessee                  
                                    450 James Robertson Parkway     
                                    Nashville, TN 37243-0493

                                    John W. Pierotti, Jr.
                                    District Attorney General
                                    201 Poplar Avenue
                                    Memphis, TN 38103-1947                        

Judge: Tipton

First Paragraph:

The defendant, Elwin South, appeals as of right from the Shelby County
Criminal Court's order denying his motion for reduction of sentence. 
Pursuant to guilty pleas, the defendant was convicted of three counts
of attempted aggravated rape, a Class B felony, and sentenced to three
concurrent eight-year terms of confinement.  The issue presented for
our review is whether the trial court erred by denying the defendant's
motion for reduction of sentence because it was untimely filed.  The
underlying question in this appeal is when did the defendant file his
motion.  We reverse the trial court and remand the case for
reconsideration in light of this opinion.  REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCCA/SOUTH-E_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHARLES E. WOODSON

Court:TCCA

Attorneys:   

For the Appellant:                  For the Appellee:

WILLIAM C. BRIGHT                   CHARLES W. BURSON
Asst. Public Defender               Attorney General and Reporter
128 North 2nd Street    
Post Office Box 1208                JANIS L. TURNER
Pulaski, TN  38478                  Assistant Attorney General  
                                    Criminal Justice Division
SHARA ANN FLACY                     450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493                
                        
                                    T. Michael Bottoms
                                    District Attorney General
                                    Post Office Box 459
                                    Lawrenceburg, TN  38464                       

Judge: Hayes

First Paragraph:

The appellant, Charles E. Woodson, appeals as of right from a judgment
of the Maury County Circuit Court revoking his probation.  In this
appeal, the appellant contends that the trial court erred by ordering
that his original sentence be reinstated without considering other
alternatives to incarceration. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/WOODSON_OPN.WP6

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