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TBALink Opinion-Flash
October 6, 1998 -- Volume #4 -- Number #143
What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
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Editor-in-Chief, TBALink
STATE OF TENNESSEE VS. AAA AARON'S ACTION AGENCY BAIL BONDS, INC Court:TCCA Attorneys: For the Appellant: For the Appellee: Thomas L. Whiteside John Knox Walkup Fowlkes & Whiteside Attorney General and Reporter 172 Second Avenue North Suite 214 Timothy F. Behan Nashville, TN 37201-1908 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Steve Dozier Asst. District Attorney General Washington Square, STE 500 222-2nd Avenue N Nashville, TN 37201-1649 Judge:HAYES First Paragraph: AAA Aaron's Action Agency Bail Bonds, Inc., (AAA), appeals from the en banc order of the Davidson County Criminal Court suspending AAA's authority to write bail bonds in Davidson County. AAA raises two issues for our review. I. "Whether the trial court's summary suspension of appellant as a bondsman deprived appellant of a constitutionally protected property interest;" and II. "Whether the failure to provide appellant with notice and an opportunity to be heard when the trial court summarily suspended appellant was an abuse of discretion." URL:http://www.tba.org/tba_files/TCCA/aaaarons_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM BRADLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES GALBREATH JOHN KNOX WALKUP
901 Stahlman Building Attorney General & Reporter
Nashville, TN 37201
TIMOTHY F. BEHAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON, III
District Attorney General
ROGER MOORE
Assistant District Attorney General
Washington Square
222 Second Avenue North, Suite 500
Nashville, TN 37201-1649
Judge:WOODALL
First Paragraph:
William Bradley, the Defendant, appeals as of right from his
conviction for harassment. In December 1995, Defendant was charged
with harassment. He was tried and convicted in General Sessions
Court, but appealed to the Criminal Court of Davidson County for a
trial de novo. After waiving his right to a trial by jury, Defendant
pled not guilty. The trial court found the Defendant guilty and
sentenced him to eleven (11) months, twenty-nine (29) days. Defendant
was to serve his sentence on unsupervised probation pursuant to the
provisions of Tennessee Code Annotated section 40-35-313. In his
appeal, Defendant argues the evidence was insufficient to convict the
Defendant of harassment and that hearsay evidence was improperly
admitted. We affirm the conviction and sentence, but remand to the
trial court for a withdrawal of the judgment of guilty and entry of an
order in compliance with Tennessee Code Annotated section 40-35-313.
URL:http://www.tba.org/tba_files/TCCA/bradleyw_opn.WP6
LARRY T. CARTER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY T. CARTER JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
TDOC #83297
Middle Tennessee Correctional LISA A. NAYLOR
Complex Assistant Attorney General
7177 Cockrill Bend-Industrial Rd 425 Fifth Avenue North
Nashville, TN 37209-1005 Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
ROGER MOORE
Assistant District Attorney
Washington Square - Ste. 500
222-2nd Avenue N.
Nashville, TN 37201-1649
Judge:SMITH
First Paragraph:
Appellant Larry T. Carter appeals the trial court's denial of his
petition for post-conviction relief. He presents the following issues
for our consideration on this appeal: (1) whether the trial court
denied Appellant a full and fair evidentiary hearing by failing to
timely file its order dismissing his petition for post-conviction
relief; (2) whether there is a constitutional and statutory right to
the effective assistance of counsel in post-conviction proceedings;
and (3) whether the trial court erred in dismissing Appellant's
petition for post-conviction relief. After a review of the record, we
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/cartelar_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM ALVIN CLEMENTS
Court:TCCA
Attorneys:
FOR THE APPELLEE:
MICHAEL J. FLANAGAN
DALE M. QUILLEN
95 White Bridge Road
Suite 208
Nashville, TN 37205
FOR THE APPELLANT:
JOHN KNOX WALKUP
Attorney General and Reporter
TIMOTHY F. BEHAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
RONALD DAVIS
Assistant District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065--937
Judge:MOORE
First Paragraph:
William Alvin Clements, Jr., was indicted by the Hickman County grand
jury in November, 1992, with three (3) counts of especially
aggravated kidnaping and one (1) count of spousal rape. His father,
William Clements, Sr., posted a $40,000.00 cash bond to secure his
son's release. The defendant was later found guilty of the charged
crimes. His father assigned $12,500.00 of the cash bond to counsel
for his son. The state filed a motion to attach the cash bond and to
apply it towards an $85,000.00 fine and court costs imposed by the
court in this case. The trial court denied the motion of the state,
but the state prevailed in its appeal to this Court. The Supreme
Court later reversed the Court of Criminal Appeals on breach of
contract grounds and reinstated the judgment of the trial court. See
State v. Clements, 925 S.W.2d 224 (Tenn. 1996). On July 13, 1996,
counsel for defendant in this case moved the trial court for an order
directing the Hickman County Court Clerk to pay post-judgment interest
on the wrongfully withheld funds in accordance with T.C.A. S
47-14-121. The trial court ordered Hickman County to pay $13,023.30
in interest to William Clements, Sr., Dale Quillen and Michael
Flanagan. The state, thereafter, filed a timely notice of appeal.
URL:http://www.tba.org/tba_files/TCCA/clements_opn.WP6
DAVID L. GIBSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Curtis H. Gann John Knox Walkup
Asst. Public Defender Attorney General and Reporter
P. O. Box 1119
Fayetteville, TN 37334 Elizabeth A. Marney
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
John Harwell Dickey Nashville, TN 37243-0493
District Public Defender
William Michael McCown
District Attorney General
Robert Crigler
Asst. District Attorney General
One Public Square, STE 100
Shelbyville, TN 37160
Judge:HAYES
First Paragraph:
The appellant, David L. Gibson, appeals the denial of his petition for
post- conviction relief by the Bedford County Circuit Court. A jury
convicted him of attempted first-degree murder and imposed a $50,000
fine. The trial judge sentenced him to twenty-two (22) years and nine
(9) months as a range I standard offender. His conviction was
affirmed on direct appeal to this court. See State v. Gibson, No.
01C01-9503-CC-00099 (Tenn. Crim. App. at Nashville, Jan. 26, 1996).
The appellant filed a pro se petition for post-conviction relief in
January 1997, which was subsequently amended after counsel was
appointed. Following a hearing on the merits, the post-conviction
court denied the appellant's petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/gibsondl_opn.WP6
TERRY L. HALL
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
CLIFFORD K. MCGOWN, JR.
113 North Court Square
P.O. Box 26
Waverly, TN 37185
(Appeal Only)
STEVE STACK
Assistant District Public Defender
P.O. Box 160
Charlotte, TN 37036-0160
ALAN R. BEARD
150 2nd Avenue North, Suite 315
Nashville, TN 37201
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
KAREN M. YACUZZO
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
DAN MITCHUM ALSOBROOKS
District Attorney General
JAMES. W. KIRBY
Assistant District Attorney General
105 Sycamore Street
Ashland City, TN 37015-1806
Judge:MOORE
First Paragraph:
Petitioner, Terry L. Hall, was indicted on twenty-seven (27) counts of
aggravated rape. On April 8, 1991, petitioner pleaded guilty to four
(4) counts of rape. He agreed to accept an eight (8) year sentence on
each of the four (4) counts of rape with manner of service
(concurrent, consecutive or probated) to be determined by the trial
court at a sentencing hearing. The sentencing hearing was conducted
on May 28, 1991. Petitioner was ordered to serve four (4), eight (8)
year sentences. The trial court ran each eight (8) year sentence
consecutive to the others. The issue of the sentence was appealed.
The Court of Criminal Appeals affirmed the decision of the trial court
by order filed on August 5, 1993.
URL:http://www.tba.org/tba_files/TCCA/hallt_opn.WP6
STATE OF TENNESSEE
VS.
DELBERT LEE HARRIS
Court:TCCA
Attorneys:
For Appellant/Appellee: For Appellee/Appellant:
Jack L. Garton, Attorney John Knox Walkup
White, Regen & Garton, PLC Attorney General and Reporter
107 Professional Building
110 North Mathis Drive Deborah A. Tullis
P.O. Box 190 Assistant Attorney General
Dickson, TN 37056-0190 Criminal Justice Division
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243
Dan Mitchum Alsobrooks
District Attorney General
Robert S. Wilson
Assistant District Attorney General
Twenty-Third Judicial District
P.O. Box 580
Charlotte, TN 37036
Judge:WADE
First Paragraph:
The defendant, Delbert Lee Harris, was convicted of aggravated
assault, rape, rape of a child, and attempted sexual battery. The
trial court imposed sentences of four years for aggravated assault,
ten years for rape, twenty-two years for rape of a child, and eleven
months and twenty-nine days for attempt to commit sexual battery. The
sentence for rape is to be served consecutively to the sentence for
rape of a child for an effective sentence of thirty-two years. The
defendant was on probation for a prior crime at the time of the
offenses. All sentences are to be served consecutively to the earlier
term.
URL:http://www.tba.org/tba_files/TCCA/harrisdl_opn.WP6
STATE OF TENNESSEE
VS.
DEMARIO HILL
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Clifford K. McGown, Jr. John Knox Walkup
113 North Court Square Attorney General and Reporter
P. O. Box 26
Waverly, TN 37185 Janis L. Turner
Assistant Attorney General
(ON APPEAL ONLY) Criminal Justice Division
425 Fifth Avenue North
Shipp R. Weems 2d Floor, Cordell Hull Building
District Public Defender Nashville, TN 37243-0493
Carey Thompson
Asst. District Public Defender
P. O. Box 160
Charlotte, TN 37036-0160 Dan Mitchum Alsobrooks
District Attorney General
(AT TRIAL AND OF COUNSEL
ON APPEAL) Robert Wilson
Asst. District Attorney General
P. O. Box 580
Charlotte, TN 37036
Judge:HAYES
First Paragraph:
The appellant, Demario Hill, appeals as of right from convictions
entered by the Circuit Court of Dickson County for possession of
cocaine in excess of .5 grams with intent to sell, a Class B felony,
and possession of drug paraphernalia, a Class A misdemeanor. At the
sentencing hearing as a Range I standard offender, the trial court
imposed a fine of $2,000 and a ten (10) year sentence in the
Department of Corrections for felony possession with intent to sell.
This sentence was ordered to be served concurrently with an eleven
(11) months and twenty-nine (29) days sentence in the county workhouse
for possession of drug paraphernalia. The appellant now raises two
issues for our review. First, the appellant contends the trial court
erred by permitting the State to introduce evidence of marijuana
residue seized during a proper search of the residence. Second, the
appellant challenges the sufficiency of the evidence to sustain a
conviction for possession of cocaine with intent for resale and
possession of drug paraphernalia. Following a review of the record,
we affirm the trial court's decision on both issues.
URL:http://www.tba.org/tba_files/TCCA/hilld_opn.WP6
BILLY JOE LINTICUM
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:RILEY
First Paragraph:
The petitioner was convicted by a jury of first degree murder in 1975
and sentenced to death. This Court affirmed the conviction, but the
sentence was commuted to life imprisonment by executive action.
Hamilton v. State, 555 S.W.2d 724 (Tenn. Crim. App. 1977).
URL:http://www.tba.org/tba_files/TCCA/linticbj_opn.WP6
STATE OF TENNESSEE
VS.
JOHN B. LOWERY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROGER HOOBAN JOHN KNOX WALKUP
P.O. Box 1483 Attorney General & Reporter
Knoxville, TN 37901
CLINTON J. MORGAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
RANDALL E. NICHOLS
District Attorney General
ROBERT JOLLEY
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge:WOODALL
First Paragraph:
In this case, the Defendant, John B. Lowery, was convicted of
possession of cocaine with intent to sell on September 16, 1993. He
was sentenced to serve eight (8) years in the Tennessee Department of
Correction, but the sentence was suspended and he was placed on
probation for the length of the sentence. Subsequently, a petition to
revoke probation was filed, and after a hearing, the trial court
entered an order revoking probation on December 17, 1996. Defendant
was ordered to serve the entire sentence of eight (8) years by
incarceration in the Department of Correction. He was given credit
for two (2) days spent in jail. The Defendant did not appeal from the
order revoking probation. However, on April 11, 1997, he timely filed
a motion to modify the sentence pursuant to Rule 35(b) of the
Tennessee Rules of Criminal Procedure. This motion was denied by the
trial court on May 15, 1997, and Defendant filed a timely appeal on
June 13, 1997, from the order denying modification of the sentence.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/loweryjb_opn.WP6
CLAUDE E. MOSLEY, JR.
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Claude E. Mosley, Pro Se John Knox Walkup
TDOC #249824 Attorney General & Reporter
HCCF
P.O. Box 549 Ellen H. Pollack
Whiteville, TN 38075 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
Joseph Eugene Perrin
Assistant District Attorney General
140 Blountville Bypass
P.O. Box 526
Blountville, TN 37617-0526
Judge:WADE
First Paragraph:
The petitioner, Claude E. Mosley, Jr., appeals from the trial court's
denial of post-conviction relief. The issue presented for review is
whether the trial court erred by ruling that the petition was barred
by the statute of limitations and by dismissing the petition without
an evidentiary hearing or the appointment of counsel. We reverse the
judgment of the trial court and remand for further proceedings
consistent with this opinion.
URL:http://www.tba.org/tba_files/TCCA/mosleyce_opn.WP6
JAMES E. NEWSOME
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
David A. Collins John Knox Walkup
211 Printers Alley Bldg., 4th FL Attorney General and Reporter
Nashville, TN 37201
Daryl J. Brand
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Pam Anderson
Asst. District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 36201-1649
Judge:HAYES
First Paragraph:
The appellant, James E. Newsome, appeals the judgment of the Davidson
County Criminal Court denying his petition for writ of error coram
nobis. Specifically, the appellant contends that the trial court
abused its discretion in finding that the "newly discovered evidence"
lacked credibility. On May 21, 1992, the appellant entered a guilty
plea to one count of second degree murder and was sentenced to
eighteen years in the Department of Correction as a Range I offender.
No direct appeals were taken by the appellant. He is currently
incarcerated at Turney Center Industrial Farm and Prison in Only,
Tennessee.
After review of the record and the applicable law, we affirm the
decision of the trial court dismissing the appellant's petition for
writ of error coram nobis.
URL:http://www.tba.org/tba_files/TCCA/newsmeje_opn.WP6
STATE OF TENNESSEE
VS.
BRUCE ALAN RUDD
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Gregory D. Smith John Knox Walkup
Contract Appellate Defender Attorney General & Reporter
One Public Square, Suite 321
Clarksville, TN 37040 Todd R. Kelley
(on appeal) Assistant Attorney General
425 Fifth Avenue North
R. Mack Garner Cordell Hull Building, Second Floor
District Public Defender Nashville, TN 37243-0493
419 High Street
Maryville, TN 37804 Kirk Andrews
(at trial and on appeal) Assistant District Attorney General
Blount County Courthouse
363 Court Street
Maryville, TN 37804
Judge:WADE
First Paragraph:
The defendant, Bruce Alan Rudd, was convicted of rape of a child, a
Class A felony. Tenn. Code Ann. S 39-13-522. The trial court
sentenced the defendant, who qualified as a child rapist, to
twenty-five years imprisonment. See Tenn. Code Ann. S 39-13-523(b),
(c) (a child rapist must serve the entire sentence undiminished by
sentence reduction credits and there is no release eligibility or
parole eligibility for a child rapist). A fine of $50,000.00 was
imposed.
URL:http://www.tba.org/tba_files/TCCA/ruddba_opn.WP6
STATE OF TENNESSEE
VS.
RICHARD T. SMILEY
WITH DISSENT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KEVIN W. SHEPHERD JOHN KNOX WALKUP
404 Ellis Ave. Attorney General & Reporter
Maryville, TN 37804
TODD R. KELLEY
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
DORIS MATTHEWS
Asst. District Attorney General
220 Carson St.
Madisonville, TN 37354-1130
Judge:PEAY
First Paragraph:
The defendant was indicted for aggravated assault. A jury found the
defendant guilty of simple assault. Following a sentencing hearing,
the trial court imposed an eleven month and twenty-nine day sentence,
ordering the defendant to serve ten weekend days in jail with the
balance on probation. In this appeal as of right, the defendant
argues that the trial court improperly sentenced him and improperly
instructed the jury. Finding no merit to the defendant's arguments,
we affirm.
URL:http://www.tba.org/tba_files/TCCA/smileyrt_opn.WP6
DISSENT:
URL:http://www.tba.org/tba_files/TCCA/smileyrt_dis.WP6
STATE OF TENNESSEE
VS.
FLOYD WAYNE SMITH, II
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH JOHN KNOX WALKUP
One Public Square, Ste. 321 Attorney General and Reporter
Clarksville, TN 37040
TIMOTHY F. BEHAN
KAREN CHAFFIN Assistant Attorney General
Assistant Public Defender 425 5th Avenue North
213 North Cumberland St. Nashville, TN 37243
Lebanon, TN 37087
TOM P. THOMPSON, JR.
District Attorney General
DAVID DURHAM
Assistant District Attorney General
111 Cherry Street
Lebanon, TN 37087
Judge:WELLES
First Paragraph:
The Defendant was convicted on a jury verdict of second degree murder.
For this Class A felony offense, he was sentenced to serve twenty
years in the Department of Correction as a Range I standard offender.
He appeals the length of his sentence. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/smithfw_opn.WP6
STATE OF TENNESSEE
VS.
JOSEPH FREDERICK STINNETT
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Gerald I. Melton John Knox Walkup
District Public Defender Attorney General and Reporter
Jeffrey S. Burton
Assistant Public Defender Deborah A. Tullis
201 West Main St, Suite 101 Assistant Attorney General
Murfreesboro, TN 37130 Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
William C. Whitesell, Jr.
District Attorney General
Third Floor, Judicial Building
Murfreesboro, TN 37130
Judge:HAYES
First Paragraph:
The appellant, Joseph Frederick Stinnett, was found guilty following a
bench trial in the Rutherford County Circuit Court of the premeditated
first degree murder of Danny Wayne "Red" Phillips and was sentenced to
life imprisonment in the Department of Correction. After one day of
testimony, the appellant waived his right to a jury trial. In
consideration, the State dismissed count two, conspiracy to commit
first degree murder, and the pursuit of enhanced punishment. In this
appeal, the appellant challenges the sufficiency of the evidence of
premeditation and deliberation to elevate the offense to first degree
murder.
URL:http://www.tba.org/tba_files/TCCA/stinnetj_opn.WP6
STATE OF TENNESSEE
VS.
DONALD WALLACE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Shipp R. Weems John Knox Walkup
District Public Defender Attorney General and Reporter
Richard D. Taylor, Jr. Lisa A. Naylor
Assistant Public Defender Assistant Attorney General
Criminal Justice Division
(ON APPEAL) 450 James Robertson Parkway
Nashville, TN 37243-0493
Thomas Meeks
Attorney at Law Dan M. Alsobrooks
137 Franklin Street District Attorney General
Clarksville, TN 37040
Jake Lockert
(AT TRIAL) Asst. District Attorney General
105 Sycamore Street
Ashland City, TN 37016
Judge:HAYES
First Paragraph:
The appellant, Donald Wallace, was sentenced to a term of life
imprisonment following his conviction by a Stewart County jury for the
premeditated first degree murder of Melinda Sue Perrin. In the appeal
of this conviction, the appellant contends that : I. The evidence is
insufficient to support a conviction for premeditated first degree
murder;
II. The trial court erred in admitting statements made by the victim
regarding the victim's state of mind;
III. The trial court erred in admitting photographs of the victim;
IV. The trial court erred in denying the jury the opportunity to
examine, during its deliberations, a demonstrative exhibit introduced
by the State.
After a review of the record and the applicable law, we find the
evidence insufficient to support a conviction for premeditated first
degree murder. Accordingly, we vacate the judgment of conviction and
sentence entered by the trial court. However, we find the evidence
sufficient to establish that the appellant knowingly killed Melinda
Perrin and, accordingly, modify the judgment to reflect a conviction
for second degree murder. This case is remanded to the trial court
for proceedings consistent with this opinion.
URL:http://www.tba.org/tba_files/TCCA/wallaced_opn.WP6
STATE OF TENNESSEE
VS.
HASSON WALLER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert C. Newton John Knox Walkup
900 Anderson Street Attorney General of Tennessee
Bristol, TN 37620 and
Clinton J. Morgan
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
and
Eric Christiansen
Assistant District Attorney General
109 South Main Street
Greeneville, TN 37743
Judge:TIPTON
First Paragraph:
The defendant, Hasson Waller, was convicted upon his pleas of guilty
in the Greene County Criminal Court of the offenses of possession with
intent to sell marijuana, a Class E felony, and possession of a
firearm in the commission of a felony, a Class E felony. The
defendant was sentenced as a Range I, standard offender to concurrent
sentences of one year, one hundred ten days to be served in the county
jail and the remainder on probation. He was also fined two thousand
dollars. The defendant appeals as of right upon a certified question
of law that is dispositive of this case. See T.R.A.P. 3(b); Tenn. R.
Crim. P. 37(b).
URL:http://www.tba.org/tba_files/TCCA/wallerh_opn.WP6
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