TBALink Opinion-Flash

December 10, 1998 -- Volume 4 -- Number 177

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.

This Issue (IN THIS ORDER):
00-New Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
09-New Opinion(s) from the Tennessee Court of Appeals
30-New Opinion(s) from the Tennessee Court of Criminal Appeals
00-New Judicial Ethics Opinion(s)
00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink



COUNTY OF BENTON
VS.
H & W ENVIRONMENTAL SERVICES, and WASTE MANAGEMENT, INC. OF
TENNESSEE

Court:TCA

Attorneys:

FRANK M. FLY
Murfreesboro, Tennessee
Attorney for Appellant

EDWIN E. WALLIS, JR.
MOSS, BENTON & WALLIS, PLLC
Jackson, Tennessee
Attorney for Appellee H & W Environmental Services, Inc.

JOHN E. QUINN
MANIER & HEROD
Nashville, Tennessee
Attorney for Appellee Waste Management, Inc.                          

Judge:HIGHERS

First Paragraph:

Benton County appeals the trial court's order granting summary
judgment to H & W Environmental Services, Inc. (H&W) and Waste
Management, Inc. of Tennessee (Waste Management) and denying summary
judgment to Benton County.  For the reasons stated hereafter, we
affirm the trial court's grant of summary judgment.

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

CHASE CAVETT SERVICES, INC.
VS.
BRANDON APPAREL GROUP, INC

Court:TCA

Attorneys: 

Donald E. Bourland,
Kenneth P. Jones,
BOURLAND, HEFLIN, ALVAREZ & MINOR, PLC, Memphis, Tennessee
Attorneys for Plaintiff/Appellant.


Leo Bearman, Jr., 
BAKER, DONELSON, BEARMAN & CALDWELL, P.C., Memphis, Tennessee
Attorney for Defendant/Appellee.
                         

Judge:FARMER

First Paragraph:

Plaintiff Chase Cavett Services, Inc. (Chase) appeals an order of the
chancery court granting a motion to dismiss for lack of personal
jurisdiction filed by Defendant Brandon Apparel Group, Inc. (Brandon).
 Because we find that the chancery court may exercise personal
jurisdiction over Brandon, we reverse the ruling of the chancellor.

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

DENNIS T. CROUSE
VS.
CHARLANE ALLEN CROUSE

Court:TCA

Attorneys:  


Richard F. Vaughn of Memphis 
For Appellant

Daniel Loyd Taylor, John N. Bean of Memphis
For Appellee                        

Judge:CRAWFORD

First Paragraph:

This dispute concerns an award of alimony and attorney's fees. 
Appellant, Dennis T. Crouse (Husband), appeals from the trial court's
order granting alimony in futuro and attorney's fees to Appellee,
Charlane Allen Crouse (Wife).

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

JAMES HANCOCK and wife, BRITT HANCOCK
VS.
U-HAUL COMPANY OF TENNESSEE d/b/a U-HAUL STORAGE FACILITY

Court:TCA

Attorneys: 

MART G. FENDLEY
107 North Third Street
P. O. Box 925
Clarksville, TN 37041-0925
    Attorney for Plaintiffs/Appellants

MICHAEL G. MCLAREN
STEPHEN C. BARTON
2900 One Commerce Square
40 S. Main Street
Memphis, Tennessee 38013
    Attorneys for Defendant/Appellee
                         

Judge:CANTRELL

First Paragraph:

The plaintiffs brought suit for the loss of their furniture and other
property, which was stolen from the defendant's self-storage facility.
 The defendant contended that the contract between the parties
relieved it of any liability for the plaintiffs' loss.  The trial
court granted summary judgment to the defendant.  We affirm.

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

TODD HARMON
VS.
JANET HARMON

Court:TCA

Attorneys:   

LAURA A. KEETON
LAW OFFICES OF ROBERT T. KEETON, JR.
Huntingdon, Tennessee
Attorney for Appellant

KEVIN McALPIN
JAMES H. BRADBERRY & ASSOCIATES
Dresden, Tennessee
Attorney for Appellee
                       
Judge:HIGHERS

First Paragraph:

Megan Harmon ("Megan" or "Appellant"), minor child born during the
marriage of Plaintiff/Appellee, Todd Harmon ("Mr. Harmon" or
"Appellee") and Defendant Janet Harmon ("Mrs. Harmon"), by and through
her Guardian Ad Litem (G.A.L.), appeals the decision of the trial
court which found that Appellee was not the biological father of
Appellant, and incorporated into the decree of divorce the marital
dissolution agreement in which the parties agreed Appellee would have
no further obligation to the child.

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

PATSY LOREAN JOHNSON
VS.
JAMES LARRY JOHNSON

Court:TCA

Attorneys:   

For the Plaintiff/Appellee:         For the Defendant/Appellant:

Charlie R. Ashford                  Lawrence W. White               
Memphis, Tennessee                  Memphis, Tennessee                                   

Judge:LILLARD

First Paragraph:

This is a divorce case.  In the original divorce, years ago, the wife
was awarded shares of stock from the husband's pension fund. 
Subsequently, the pension fund was distributed to the husband, with no
monies going to the wife.  In this action, the trial court awarded the
wife a judgment for the value of the stock at the time of the trial
court's order.  The husband appeals.  We affirm.

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

STEVE MAKRIS
VS.
BOB KAPOS

Court:TCA

Attorneys:  

JAMES A. JOHNSON, JR.
HANOVER, WALSH, JALENAK & BLAIR, PLLC
Memphis, Tennessee
Attorney for Appellant

LEO BEARMAN, JR.
BAKER, DONELSON, BEARMAN & CALDWELL, P.C.
Memphis, Tennessee
Attorney for Appellee
Judge:HIGHERS

First Paragraph:

Steve Makris appeals the trial court's denial of his claim for accrued
and unpaid salaries in this partnership accounting and dissolution
case.  For the reasons stated hereafter, we reverse the trial court's
judgment.

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

STATE OF TENNESSEE
VS.
LORENZO PFEIFER

Court:TCA

Attorneys: 

John Knox Walkup, Attorney General and Reporter
Elizabeth T. Ryan, Assistant Attorney General
For Appellee

Clifford K. McGown of Waverly
Joseph P. Atnip, District Public Defender of Dresden
For Appellant
                         

Judge:CRAWFORD

First Paragraph:

This appeal involves a juvenile delinquency proceeding.  Appellant,
Lorenzo Carlos Pfeifer, appeals from the order of the Circuit Court in
Obion County which found him a delinquent child because he was guilty
of the offense of aggravated burglary and theft of property over
$1,000.00.  Appellant was committed to the Tennessee Department of
Children's Services for an indeterminate term.  The only issue
presented for review is whether the evidence is sufficient to prove
beyond a reasonable doubt that Pfeifer committed the offense of
aggravated burglary and theft of property over $1,000.00.

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

JERI ST. JOHN d/b/a JERI'S
VS.
BEER PERMIT BOARD, a division of Henry County, Tennessee

Court:TCA

Attorneys:     

A. RUSSELL LARSON
Jackson, Tennessee
Attorney for Appellant

LEE M. GREER, III
GREER & GREER, ATTORNEYS
Paris, Tennessee
Attorney for Appellee                     

Judge:HIGHERS

First Paragraph:

Plaintiff, Jeri St. John ("St. John" or "Appellant") appeals the trial
court's judgment in favor of Defendant, Beer Permit Board ("Beer
Board" or "Appellee") denying St. John a beer permit for her business
"Jeri's" n/k/a "The Foxy Lady."

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

STATE OF TENNESSEE
VS.
STEPHEN JOHN ABBOTT

WITH CONCURRING AND DISSENTING OPINIONS

Court:TCCA

Attorneys:  

For Appellant:              For Appellee:

Hershell D. Koger           John Knox Walkup
135 N. First Street         Attorney General and Reporter
P.O. Box 1148               450 James Robertson Parkway
Pulaski, TN  38478          Nashville, TN  37243-0493

Larry L. Roberts            Karen M. Yacuzzo
627 Second Avenue South     Assistant Attorney General
Nashville, TN  37210        Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            Mike Bottoms
                            District Attorney General
                            P.O. Box 459
                            Lawrenceburg, TN  38464                             

Judge:WADE

First Paragraph:

The defendant, Stephen John Abbott, was indicted in Giles County for
two counts of first degree murder and two counts of attempted first
degree murder.  After a change of venue to Maury County, he was
convicted of second degree murder for the deaths of Carolyn Foster and
Diane Collins (counts 1 and 2), the attempted second degree murder of
Carol Yancy (count 3), and the attempted first degree murder of Ron
Shirey (count 4).  The trial court imposed sentence as follows:
count 1 second degree murder            twenty years
count 2 second degree murder            twenty years
count 3 attempted second degree murder  ten years
count 4 attempted first degree murder   twenty years


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


CONCURRING:
URL:http://www.tba.org/tba_files/TCCA/abbottsj_con.WP6


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

STATE OF TENNESSEE
VS.
TONY RANDALL ARNOLD

ORDER

Court:TCCA

Judge:RILEY

First Paragraph:

The defendant, Tony Randall Arnold, appeals as of right his conviction
by a Benton County jury of simple assault, a Class B misdemeanor.  See
Tenn. Code Ann. S 39-13-101(a)(3).  The trial court sentenced the
defendant to six (6) months in jail to be served at 75%.  The sole
issue for appeal is whether the trial court properly sentenced the
defendant.

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

STATE OF TENNESSEE
VS.
DERRICK C. BROOKS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

BRETT B. STEIN          JOHN KNOX WALKUP
236 Adams Avenue        Attorney General and Reporter
Memphis, TN 38103
                        MARVIN E. CLEMENTS, JR.
                        Assistant Attorney General
                        425 5th Avenue North
                        Nashville, TN 37243

                        WILLIAM GIBBONS
                        District Attorney General

                        EDGAR A. PETERSON, IV
                        Assistant District Attorney General
                        Criminal Justice Complex, Suite 301
                        201 Poplar Street
                        Memphis, TN 38103                         

Judge:WELLES

First Paragraph:

The Defendant appeals as of right from his conviction of first degree
murder.  His conviction was entered upon a jury verdict finding him
guilty of murder committed during the perpetration of an aggravated
burglary.  He was sentenced to imprisonment for life.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE
VS.
MARY R. BRUNSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    JOHN E. DUNLAP
    GERALD D. WAGGONER
    1433 Poplar Avenue
    Memphis, TN 38104-2934

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    MARVIN E. CLEMENTS, JR.
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM L. GIBBONS
    District Attorney General
    
    JERRY R. KITCHEN
    Assistant District Attorney General
    201 Poplar Ave, Suite 301
    Memphis, TN 38103-1947                         

Judge:RILEY

First Paragraph:

The defendant, Mary R. Brunson, appeals the trial court's sentence
imposed after she pled guilty to solicitation to commit voluntary
manslaughter.  Specifically, she contends the trial court erred in
failing to sentence her as an especially mitigated offender and
ordering six (6) months incarceration.  After a careful review of the
facts of the case and applicable law, we AFFIRM the judgment of the
trial court.

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

DARREL D. CANNON
VS.
JAMES BOWLEN, Warden, and STATE OF TENNESSEE

Court:TCCA

Attorneys:      

FOR THE APPELLANT:          FOR THE APPELLEE:

DARREL D. CANNON, pro se    JOHN KNOX WALKUP 
STSRCF, Route 4, Box 600    Attorney General & Reporter
Pikeville, TN  37367
                            TODD R. KELLEY 
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243                    

Judge:WOODALL

First Paragraph:

The Petitioner, Darrel D. Cannon, appeals as of right the trial
court's dismissal of his petition for writ of habeas corpus.  We
affirm the judgment of the trial court.

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

MICHAEL ANGELO COLEMAN
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

MICHAEL J. PASSINO          JOHN KNOX WALKUP
213 Fifth Avenue, North     Attorney General and Reporter
Nashville, TN 37219
                            JOHN P. CAULEY
APRIL FERGUSON              Assistant Attorney General
Assistant Federal Defender  425 Fifth Avenue, North
100 North Main Bldg.        Nashville, TN.  37243
Suite 410
Memphis, TN  38103          WILLIAM L. GIBBONS
                            District Attorney General

                            JOHN W. CAMPBELL
                            District Attorney General
                            201 Poplar Street
                            Memphis, TN  38103
                         

Judge:SMITH

First Paragraph:

The appellant, Michael Angelo Coleman, appeals the Shelby County
Criminal Court's order denying his second petition for post-conviction
relief.  In 1980, Appellant received a death sentence after he was
convicted of first degree felony murder.  On appeal, he claims that he
is entitled to a new sentencing hearing due to the jury's erroneous
reliance on the felony murder aggravating circumstance to support the
imposition of the death penalty.  See State v. Middlebrooks, 840
S.W.2d 317 (Tenn. 1992).  After a thorough review of the record, we
find no reversible error and affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
MICHAEL BRENT COOK

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

DAVID A. DOYLE              JOHN KNOX WALKUP 
District Public Defender    Attorney General & Reporter

ZOE LAAKSO                  CLINTON J. MORGAN
Assistant Public Defender   Assistant Attorney General
117 East Main Street        2nd Floor, Cordell Hull Building
Gallatin, TN  37066         425 Fifth Avenue North 
                            Nashville, TN  37243

                            LAWRENCE RAY WHITLEY 
                            District Attorney General

                            SALLIE WADE BROWN 
                            Assistant District Attorney General
                            18th Judicial District
                            113 West Main Street
                            Gallatin, TN  37066                         

Judge:WOODALL

First Paragraph:

The Defendant, Michael Brent Cook, appeals as of right from the
revocation of his probation by the Sumner County Criminal Court.  He
contends that the trial court abused its discretion in revoking his
probation.  We affirm the judgment of the trial court.

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

MARTIN R. CRADDOCK
VS.
RICKY BELL, WARDEN

Court:TCCA

Attorneys:   

For the Appellant:              For the Appellee:

Martin R. Craddock, Pro Se      John Knox Walkup        
#243707,R.M.S.I.,Unit 6-A-120   Attorney General of Tennessee
7475 Crockrill Bend Road                and             
Nashville, TN 37209-1010        Karen M. Yacuzzo
                                Assistant Attorney General of Tennessee
                                425 Fifth Avenue North      
                                Nashville, TN 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                    and
                                Lila Statom
                                Assistant District Attorney General
                                Washington Square
                                222 Second Avenue North
                                Nashville, TN 37201-1649                       

Judge:TIPTON

First Paragraph:

The petitioner, Martin R. Craddock, appeals as of right from the
Davidson County Criminal Court's denial of habeas corpus relief.  He
is presently in the custody of the Department of Correction serving a
Range I sentence of ten years for his conviction of aggravated sexual
battery in 1995.  He contends that he received ineffective assistance
of counsel and that the judgment entered against him is void because
the indictment for aggravated sexual battery fails to allege the mens
rea for the offense.  We affirm the dismissal of the petition.

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

STATE OF TENNESSEE
VS.
RECO R. DOUGLAS

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:


A C Wharton                     John Knox Walkup
Shelby County Public Defender   Attorney General & Reporter

Tony N. Brayton                 Marvin E. Clements, Jr.
Assistant Public Defender       Assistant Attorney General
201 Poplar Avenue, Suite 201    425 Fifth Avenue North
Memphis, TN 38103               Nashville, TN 37243
     (on appeal)                                    
                                William L. Gibbons
Trent R. Hall                   District Attorney General
Assistant Public Defender                   
201 Poplar St., Ste. 2-01       Edgar A. Peterson IV
Memphis, TN 38103               Assistant District Attorney General
     (at trial)                 201 Poplar Avenue, Suite 301
                                Memphis, TN 38103                       

Judge:SUMMERS

First Paragraph:

The defendant was charged with first-degree murder during the
perpetration of a robbery and convicted of that offense by a jury.  He
was sentenced to life imprisonment.  In this direct appeal the
defendant raises the following issues: 1.  Whether the trial court
erred in its instruction to the jury on release eligibility dates;
2.  Whether T.C.A. S 40-35-201(b)(2)(A)(I) (1997) is unconstitutional;
and
3.  Whether the evidence is sufficient to support the verdict.

The state correctly concedes that this case must be reversed and
remanded for a new trial because the trial court committed reversible
error in its instruction to the jury on release eligibility dates.

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

STATE OF TENNESSEE
VS.
LLOYD E. FERRELL and DEBRA L. FERRELL

Court:TCCA

Attorneys: 

FOR THE APPELLANT
LLOYD E. FERRELL:
    
    VERN CHUMNEY(At Trial)
    RFD 1, Box #374
    Holladay, TN 38341
    
    GUY T. WILKINSON (On Appeal)
    District Public Defender
    
    VICKI S. SNYDER (On Appeal)
    Assistant District Public Defender
    117 North Forrest Avenue
    Camden, TN 38320
    
FOR THE APPELLANT
DEBRA L. FERRELL:
    
    JAMES BROCKMAN (At Trial)
    P. O. Box 25
    Parsons, TN 38363
    
    ROBERT C. BROOKS (On Appeal)
    707 Adams Avenue
    Memphis, TN 38105
    
FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    MARVIN E. CLEMENTS, JR.
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    G. ROBERT RADFORD
    District Attorney General
    
    JOHN W. OVERTON
    Assistant District Attorney General
    P. O. Box 484
    Savannah, TN 38372 - 0484                         

Judge:RILEY

First Paragraph:

The defendants, Lloyd E. Ferrell and Debra L. Ferrell, were convicted
by a Hardin County jury of the offense of felony murder.  Both were
sentenced to life imprisonment.  They present the following common
issues in this appeal: 1.   whether the evidence was sufficient to
support the guilty verdict;
2.  whether the trial court erred in admitting taped conversations
between Debra Ferrell and a third party;
3.  whether the trial court erred in refusing to grant a severance
of the defendants;
4.  whether the trial court erred in disallowing into evidence
certain taped conversations by each defendant;
5.  whether the prosecuting attorney engaged in improper closing
argument; and
6.  whether the trial court erred in dismissing a juror during
trial.

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

STATE OF TENNESSEE
VS.
ANGELA FOX

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

Joseph S. Ozment            John Knox Walkup
Attorney at Law             Attorney General & Reporter
369 North Main Street
Memphis, TN 38103           Marvin E. Clements, Jr.
                            Assistant Attorney General
Mark Saripkin               425 Fifth Avenue North
Attorney at Law             Nashville, TN 37243-0493
296 Washington Ave.             
Memphis, TN 38103           William L. Gibbons
    (at trial)              District Attorney General

                            Paul Goodman
                            Assistant District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN 38103                        

Judge:SUMMERS

First Paragraph:

The defendant pled guilty to criminal attempt -- possession of a
controlled substance with intent to sell, a Class D felony.  At her
guilty plea hearing the trial court denied her request for judicial
diversion.  Instead, the court sentenced her as a standard Range I
offender to two years in the workhouse, all suspended except for six
weekends to be served at the Shelby County Correctional Center.  In
this appeal, the defendant contends that the trial court erred in
denying judicial diversion.  Upon our review of the record, we affirm
the trial court's judgment.

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

JAMES CHARLES HUNT
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:


MICHAEL V. THOMPSON             JOHN KNOX WALKUP
2505 Hillsboro Rd., Suite 201   Attorney General & Reporter
Nashville, TN 37212
                                PETER M. COUGHLAN
                                Asst. Attorney General
                                John Sevier Bldg.
                                425 Fifth Ave., North
                                Nashville, TN  37243-0493
    
                                CLAYBURN L. PEEPLES
                                District Attorney General

                                EDWARD L. HARDISTER
                                Asst. District Attorney General
                                110 College St., Suite 200
                                Trenton, TN 38382                         

Judge:PEAY

First Paragraph:

The petitioner was charged in the indictment with first-degree murder,
felony murder, especially aggravated robbery, and especially
aggravated burglary.  On February 4, 1991, he pled guilty to
first-degree murder and especially aggravated robbery and received
life plus a concurrent twenty-five year sentence as a Range I standard
offender.  On February 2, 1994, the petitioner filed his petition for
post-conviction relief.  The petition was initially dismissed for
failure to prosecute, but upon motion, the petition was reinstated and
an amended petition was filed.

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

STATE OF TENNESSEE
VS.
JOE A. IVY

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

Paula Skahan                John Knox Walkup
140 North Third Street      Attorney General & Reporter
Memphis, TN  38103          425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            Douglas D. Himes
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            William L. Gibbons
                            District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN  38103

                            Johnny McFarland
                            Assistant District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN  38103                        

Judge:LAFFERTY

First Paragraph:

The appellant, Joe A. Ivy, referred herein as the defendant, appeals
as of right from a judgment of the Shelby County Criminal Court as a
result of a jury finding him guilty of murder first degree. In
accordance with the jury's verdict, the trial court sentenced the
defendant to life imprisonment with the possibility of parole.

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

STATE OF TENNESSEE
VS.
JOHNNY GREGORY KNIGHT

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Jeff K. Walker              John Knox Walkup
Julia A. Reinhart           Attorney General & Reporter
Goodman & Walker            425 Fifth Avenue, North
124 South Court Square      Nashville, TN  37243-0493
Springfield, TN  37172
                            Georgia B. Felner
                            Assistant Attorney General
                            425 Fifth Avenue, North
                            Nashville, TN  37243-0493

                            John Wesley Carney, Jr.
                            District Attorney General
                            204 Franklin Street, Suite 300
                            Clarksville, TN  37040-3420

                            Dent Morriss
                            Assistant District Attorney General
                            204 Franklin Street, Suite 300
                            Clarksville, TN  37040-3420                         

Judge:LAFFERTY

First Paragraph:

The appellant, Johnny Gregory Knight, referred herein as the
defendant, appeals as of right from a judgment entered by the
Robertson County Circuit Court.  On December 2, 1997, the defendant
pled guilty to the offense of driving under the influence of an
intoxicant.  Pursuant to the plea agreement, the trial court sentenced
the defendant to  eleven months and twenty-nine days, which the court
suspended except for forty-eight hours.  The defendant was placed on
probation for eleven months and twenty-seven days and fined $350. As a
condition of his plea, the defendant reserved the right to appeal, as
a certified question of law, the trial court's denial of the motion to
suppress his arrest for lack of probable cause by law enforcement
officers.

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

STATE OF TENNESSEE
VS.
DAVID McKENNON, NELSON ROBERTS,
RUSSELL WORKMAN, & KEN PENNINGTON

Court:TCCA

Attorneys: 

FOR THE APPELLEES:              FOR THE APPELLANT:

JERRY C. COLLEY                 JOHN KNOX WALKUP
Attorney For David McKennon     Attorney General and Reporter
710 N. Main Street
Columbia, TN 38402-1476         KAREN M. YACUZZO
                                Assistant Attorney General
GARY HOWELL                     425 Fifth Avenue North
Attorney for Nelson Roberts     Nashville, TN 37243-0493
P.O. Box 442
Columbia, TN 38401              MIKE BOTTOMS
                                District Attorney General
WILLIAM BARNES                  P.O. Box 459
Attorney for Russell Workman    Lawrenceburg, TN 38464
13-14 Public Square
Columbia, TN 38402

SHARA FLACY
Attorney for Ken Pennington
128 North Second Street
Pulaski, TN 38478                         

Judge:WELLES

First Paragraph:

The State of Tennessee, pursuant to Tennessee Rule of Appellate
Procedure 3(c), appeals as of right from the trial court's dismissal
of charges against Defendants David McKennon, Nelson Roberts, Russell
Workman, and Ken Pennington.  The dismissals were based on grounds of
double jeopardy and collateral estoppel.  We conclude that the trial
court erred in dismissing indictments against each Defendant for the
especially aggravated kidnapping of James Wayne Blade and against
Defendant McKennon for possession of methamphetamine.  The trial court
properly dismissed indictments charging each Defendant with the
especially aggravated kidnapping of William Lovell and Robert Briglio.

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

STATE OF TENNESSEE
VS.
JUAN PEREZ

Court:TCCA

Attorneys:       

For the Appellant:          For the Appellee:

Robert M. Cohen             Charles W. Burson
303 High Street             Attorney General of Tennessee
Maryville, TN 37804             and             
                            Timothy F. Behan
                            Assistant Attorney General of Tennessee
                            450 James Robertson Parkway     
                            Nashville, TN 37243-0493

                            Michael L. Flynn
                            District Attorney General
                                and
                            Edward P. Bailey, Jr.
                            Assistant District Attorney General
                            363 High Street
                            Maryville, TN 37804
                   

Judge:TIPTON

First Paragraph:

The defendant, Juan Perez, appeals as of right from his conviction
following a jury trial in the Blount County Circuit Court for second
degree murder, a Class A felony.  As a Range I, standard offender, the
defendant was sentenced to twenty-two years in the custody of the
Department of Correction, and he was fined twenty-five thousand
dollars.

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

STATE OF TENNESSEE
VS.
MIKEL PRIMM

Court:TCCA

Attorneys:    

FOR THE APPELLANT:              FOR THE APPELLEE:

Shipp R. Weems                  John Knox Walkup
District Public Defender        Attorney General & Reporter
P. O. Box 160                   425 Fifth Avenue, North
Charlotte, TN  37036-0160       Nashville, TN  37243-0493

Carey J. Thompson               Karen M. Yacuzzo
Assistant Public Defender       Assistant Attorney General
P. O. Box 160                   425 Fifth Avenue, North
Charlotte, TN  37036-0160       Nashville, TN  37243-0493

                                Dan M. Alsobrooks
                                District Attorney General
                                P. O. Box 580
                                Charlotte, TN  37036-0580

                                Suzanne M. Lockert
                                Assistant District Attorney General
                                P. O. Box 580
                                Charlotte, TN  37036-0580                      

Judge:LAFFERTY

First Paragraph:

The appellant, Mikel Primm, herein referred as the defendant, appeals
as of right from a judgment of the Dickson County Circuit Court in
which a jury found the defendant guilty of possession of marijuana and
possession of drug paraphernalia. For the possession of marijuana, the
trial court sentenced the defendant to eleven months and twenty-nine
days and imposed a fine of $250.  The trial court ordered the
defendant to serve six months in confinement and five months and
twenty-nine days on probation.  As to the conviction for possession of
drug paraphernalia, the trial court sentenced the defendant to eleven
months and twenty-nine days which the court suspended and placed the
defendant on probation.  The sentences were ordered to run
consecutively.

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

BARRY WINFRED RITCHIE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:    

For the Appellant:              For the Appellee:

Barry Winfred Ritchie, Pro Se   Charles W. Burson
STSRCF, Rte. 4, Box 600         Attorney General of Tennessee
Pikeville, TN 37367-9243            and             
(AT TRIAL)                      Eugene J. Honea
                                Assistant Attorney General of Tennessee
                                450 James Robertson Parkway     
Larry G. Roddy                  Nashville, TN 37243-0493
723 McCallie Avenue
Chattanooga, TN 37403-0016      James Michael Taylor
(ON APPEAL)                     District Attorney General
                                265 Third Avenue, Suite 300
                                Dayton, TN 37321                      

Judge:TIPTON

First Paragraph:

The petitioner, Barry Winfred Ritchie, appeals as of right from the
denial of his petition for habeas corpus relief by the Bledsoe County
Circuit Court without a hearing.  The petitioner is presently in the
custody of the Department of Correction serving an effective sentence
of life imprisonment for his 1981 convictions for aggravated rape and
armed robbery.

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

STATE OF TENNESSEE
VS.
ALVIN ROBINSON, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    A. C. WHARTON
    Shelby County Public Defender
    
    W. MARK WARD
    BETTY THOMAS
    Assistant Public Defenders
    201 Poplar Avenue, Ste. 201
    Memphis, TN 38103-1947
    
FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    WILLIAM DAVID BRIDGERS
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM L. GIBBONS
    District Attorney General
    
    JERRY R. KITCHEN
    Assistant District Attorney General
    201 Poplar Avenue, Ste. 301
    Memphis, TN 38103-1947                         

Judge:RILEY

First Paragraph:

This premeditated first degree murder case is again before this Court
for reconsideration following remand from the Supreme Court of
Tennessee in light of State v. Willie Williams, ___ S.W.2d ___ (Tenn.
1998).  The sole issue upon remand is whether the failure of the trial
court to charge the lesser offense of criminally negligent homicide
was harmless error.  We conclude that Williams is dispositive and find
harmless error.  Therefore, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
TYRONE SAIN

WITH DISSENTING OPINION

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

STEVEN E. FARESE            JOHN KNOX WALKUP
P.O. Box 98                 Attorney General & Reporter
Ashland, MS  38603
                            PETER M. COUGHLAN
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243
                
                            ELIZABETH T. RICE
                            District Attorney General

                            JERRY W. NORWOOD
                            Assistant District Attorney General
                            25th Judicial District
                            Hardeman County Courthouse
                            Bolivar, TN  38008-2359                        

Judge:WOODALL

First Paragraph:

The Defendant, Tyrone Sain, was convicted in the Circuit Court of
Hardeman County of the offense of evading arrest, in violation of
Tennessee Code Annotated section 39-16-603.  He appealed as of right
and presents two (2) issues for review: (1) The count of the
indictment charging the offense of evading arrest is void because it
alleged a mens rea of "knowingly" when the statute requires a mens rea
of "intentionally;" and (2) If the indictment is void and therefore
must be dismissed, future prosecution of Defendant for this particular
offense is barred by the applicable statute of limitations.  After
careful review of this record, and the arguments of the State and
Defendant, we affirm the judgment of the trial court.

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


DISSENTING OPINION:

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

ROBERT SENICK
VS.
STATE OF TENNESSE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

HARVEY DOUGLAS THOMAS       JOHN KNOX WALKUP
Attorney at Law             Attorney General & Reporter
3367 Phillips Cemetery Rd.
Algood, TN  38506           DARYL J. BRAND
                            Senior Counsel for the State
                            425 Fifth Ave. N., 2d Floor
                            Nashville, TN  37243-0493

                            WILLIAM EDWARD GIBSON
                            District Attorney General

                            ANTHONY J. CRAIGHEAD
                            Asst. District Attorney General
                            145 S. Jefferson St.
                            Cookeville, TN  38501                        

Judge:WITT

First Paragraph:

The petitioner, Robert Senick, appeals the DeKalb County Criminal
Court's denial of his petition for post-conviction relief.  Senick is
currently serving an effective seven year sentence in the Department
of Correction for the crimes of possession with intent to deliver or
sell over ten pounds of marijuana and conspiracy to possess with
intent to deliver or sell over ten pounds of marijuana.

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

STATE OF TENNESSEE
VS.
KEVIN TAYLOR

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    WILLIAM P. GRIFFIN, IV
    306 Gay St., Ste. 301          
    Nashville, TN  37201
    (Trial and Appeal)
    
    NILES S. NIMMO
    306 Gay St., Ste. 200
    Nashville, TN 37201-1164
    (Trial)

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    DARYL J. BRAND
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    VICTOR S. JOHNSON, III
    District Attorney General
    
    KYMBERLY HAAS
    Assistant District Attorney General
    Washington Square, Ste. 500
    222- 2nd Avenue N.
    Nashville, TN  37201-1649                         

Judge:RILEY

First Paragraph:

Defendant, Kevin Taylor, was convicted by a Davidson County jury of 
felony murder and attempted especially aggravated robbery.  He was
sentenced to life imprisonment and 10 years, respectively, to run
concurrently.

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

STATE OF TENNESSEE
VS.
JAMES NORMAN USERY

Court:TCCA

Attorneys:    

FOR THE APPELLANT:          FOR THE APPELLEE:

Garry Brown                 John Knox Walkup
Attorney at Law             Attorney General & Reporter 
Crocker Law Firm
P.O. Box 505                Peter M. Coughlan
Milan, TN 38358             Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493

                            Thomas A. Thomas
                            District Attorney General 

                            Allen Strawbridge
                            Assistant District Attorney General
                            P.O. Box 218
                            Union City, TN 38261                      

Judge:SUMMERS

First Paragraph:

This is an appeal based upon a certified question of law pursuant to
Tennessee Rule of Criminal Procedure 37(b)(2)(iv).  Relying on
information supplied by an unnamed informant, Lieutenant Joey Radford
of the Greenfield Police Department swore out an affidavit in support
of a warrant to search the home of the appellant, James Norman Usery. 
A warrant was issued; and the ensuing search yielded a small quantity
of methamphetamine, marijuana, and drug paraphernalia.  The appellant
filed a motion to suppress this evidence, challenging the validity of
both the affidavit and the warrant.  Following a hearing, the trial
court overruled the motion.  The appellant entered a plea of guilty to
possession of a schedule II controlled substance with intent to sell,
reserving the right to appeal his challenge to the legality of the
search.  All below agree that these issues are dispositive of this
case.

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

STATE OF TENNESSEE
VS.
JAMES H. WALKER

Court:TCCA

Attorneys:   

FOR THE APPELLANT:              FOR THE APPELLEE:
    

C. MICHAEL ROBBINS              JOHN KNOX WALKUP
46 North Third St., Suite 719   Attorney General & Reporter
Memphis, TN  38103
    (On Appeal)                 CLINTON J. MORGAN
                                Counsel for the State
GARY ANTRICAN                   425 Fifth Ave. North
Public Defender                 Nashville, TN  37243-0493
                            
RICKEY GRIGGS                   ELIZABETH RICE
Asst. District Public Defender  District Attorney General
P.O. Box 700                
Somerville, TN  38068           MARK DAVIDSON 
    (At Trial)                  and
                                TRACEY BREWER
                                Asst. District Attorney General
                                302 Market St.
                                Somerville, TN  38068                       

Judge:PEAY

First Paragraph:

On December 2, 1997, the defendant was found guilty, by a jury, of
forgery in an amount less than five-hundred dollars ($500).  The
defendant was subsequently sentenced to four years in the Tennessee
Department of Correction as a Range II multiple offender.  In this
appeal as of right, the defendant argues that the trial court erred in
overruling his motion for a new trial.  The motion alleged that the
trial court erred by allowing certain exhibits into evidence and that
the evidence at trial was insufficient to establish his guilt beyond a
reasonable doubt.

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

STATE OF TENNESSEE
VS.
TROY R. WALLS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    GERALD L. MELTON
    District Public Defender
    
    JEFFREY S. BURTON
    Assistant District Public Defender
    201 West Main Street, Suite 101
    Murfreesboro, TN  37130

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    DARYL J. BRAND
    Senior Counsel
    Criminal Justice Division
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    WILLIAM C. WHITESELL, JR.
    District Attorney General
    
    PAUL A. HOLCOMBE, III
    Assistant District Attorney General
    303 Rutherford Co. Judicial Bldg.
    Murfreesboro, TN  37130                         

Judge:RILEY

First Paragraph:

A Rutherford County grand jury indicted defendant for aggravated rape,
two counts of aggravated sexual battery, and rape of a child for
incidents involving his young female cousin.  A negotiated plea
agreement allowed defendant to plead to one count of rape, a Class B
felony, and one count of incest, a Class C felony.  The agreed upon
sentences were eight years for rape and three years for incest to be
served consecutively as a Range I, standard offender. The sole issue
on appeal is the trial court's denial of alternative sentencing. 
However, plain error dictates that the convictions be VACATED and the
case REMANDED for further proceedings.  The defendant pled guilty to
incest which is neither a lesser included nor a lesser grade of child
rape; nor do the acts of the defendant constitute the crime of incest.

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

STATE OF TENNESSEE
VS.
NATHANIEL WALTON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

Brett B. Stein              John Knox Walkup
236 Adams Avenue            Attorney General & Reporter
Memphis, TN   38103         
                            Douglas D. Himes
                            Assistant Attorney General
                            425 Fifth  Avenue North
                            2nd Floor, Cordell Hull Building
                            Nashville, TN   37243-0493

                            William L. Gibbons
                            District Attorney General

                            Rhea Clift
                            Assistant District Attorney General
                            201 Poplar Avenue
                            Third Floor
                            Memphis, TN    38103                         

Judge:WEDEMEYER

First Paragraph:

The defendant pled guilty to one count of theft over $1,000.00 and one
count of assault, agreeing to a two-year sentence for the theft and a
sixty-day sentence for the assault.  The trial court held a sentencing
hearing to determine the manner of service for the sentences, and
denied an alternative sentence, ordering the defendant to serve two
years in confinement at the Shelby County Correctional Center.  In
this appeal, the defendant argues that the trial court abused its
discretion in failing to impose an alternative sentence.  Following
our review of the record, we affirm the trial court.

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

WENDELL GENE WATTS
VS.
STATE OF TENNESSEE

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               Karen M. Yacuzzo
Assistant Public Defender       Assistant Attorney General of Tennessee
128 North Second St.            425 Fifth Avenue North
P.O. Box 1208                   Nashville, TN 37243-0493
Pulaski, TN 38478-1208
(AT TRIAL                       Michael T. Bottoms
                                District Attorney General
Shara Ann Flacy                 P.O. Box 459
District Public Defender        Lawrenceburg, TN 38464
     and                        and
Joseph L. Penrod                Robert Sanders
128 North Second Street         Assistant District Attorney General
P.O. Box 1208                   Maury County Courthouse
Pulaski, TN 38478-1208          Columbia, TN 38401
(ON APPEAL)                      

Judge:TIPTON

First Paragraph:

The petitioner, Wendell Gene Watts, appeals the denial of
post-conviction relief by the Maury County Circuit Court.  He is
presently in the custody of the Department of Correction serving a
ninety-nine-year sentence for his conviction for aggravated rape in
1982.  The petitioner contends that the statute of limitations should
not bar his petition for post-conviction relief because: (1) he lacked
the resources with which to file it timely; (2) his interest in
presenting his grounds for relief outweighs the government's interest
in applying the statute of limitations; and (3) State v. Livingston,
907 S.W.2d 392 (Tenn. 1995), announced a new rule, and its application
is not barred by the three-year statute of limitations for
post-conviction relief.

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

STATE OF TENNESSEE
VS.
JASON M. WEISKOPF

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:
                            
LESLIE I. BALLIN            JOHN KNOX WALKUP
MARK A. MESLER              Attorney General and Reporter
200 Jefferson Ave,Ste 1250
Memphis, TN 38103           ELIZABETH T. RYAN
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            WILLIAM L. GIBBONS
                            District Attorney General

                            THOMAS D. HENDERSON
                            Assistant District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN  38103                         

Judge:RILEY

First Paragraph:

This case is again before the Court after remand from the Supreme
Court of Tennessee in light of its opinion in State v. King, 973
S.W.2d 586 (Tenn. 1998).  The issue upon remand is whether the trial
court erred by instructing the jury that it could "weigh and consider"
the meaning of a sentence of imprisonment in arriving at its verdict. 
Finding the jury charge given in this case and the jury charge given
in King significantly different, we again declare a due process
violation.  Therefore, we reverse and remand for a new trial.

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

BARRY WELLS
VS.
RONNIE RICKARD

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT L. HUTTON            JOHN KNOX WALKUP
One Commerce Sq., Ste.1700  Attorney General and Reporter
Memphis, TN 38103
                            ELLEN H. POLLACK
                            Assistant Attorney General
                            Cordell Hull Building, 2nd Floor
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            ELIZABETH T. RICE
                            District Attorney General

                            MARK E. DAVIDSON
                            Assistant District Attorney General
                            302 E. Market Street
                            Somerville, TN  38068                         

Judge:RILEY

First Paragraph:

This case is before this Court upon a remand from the Supreme Court of
Tennessee in light of its decision in City of White House v. Whitley,
___ S.W. 2d ___, No. 01S01-9711-CH-00259 (Tenn. October 12, 1998).  We
must determine whether a judgment of conviction punishable by
incarceration which was imposed by a non-lawyer judge without
objection by the defendant is void if the judgment was entered prior
to the Supreme Court's opinion in White House.  We conclude such a
conviction is not void; therefore, it may not be attacked by habeas
corpus.  In this case, however, the petitioner was granted relief by
the trial court as to a probation revocation order by a non-lawyer
judge due to the absence of waiver of counsel.  Thus, although we do
not void the original judgment of conviction, we affirm the trial
court's order of remand to the General Sessions Court for a new
revocation hearing.

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

STATE OF TENNESSEE
VS.
CAROLYN WHEELER

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
    
    DALE M. QUILLEN
    95 White Bridge Road
    Suite 208
    Nashville, TN 37205-1407

FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    LISA A. NAYLOR
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    VICTOR S. JOHNSON, III
    District Attorney General
    
    STEVE R. DOZIER
    Assistant District Attorney General
    Washington Square Building
    Suite 500
    222 Second Avenue North
    Nashville, TN 37201-1649
                        

Judge:RILEY

First Paragraph:

The defendant, Carolyn Wheeler, appeals the manner of service of her
agreed sentence as imposed by the Criminal Court of Davidson County.
The defendant pled guilty to theft over $10,000 and forgery over
$10,000.  She agreed to concurrent three (3) year sentences with the
manner of service to be determined by the trial court.  The trial
court ordered the defendant to serve one (1) year incarcerated with
the balance served on community corrections.  On appeal, the defendant
contends: 1) the trial court erred in sentencing her to confinement;
and 2) the trial court erred in ordering a community corrections
sentence as she could subsequently be subjected to a sentence in
excess of her plea agreement.

After an examination of the record, we AFFIRM the judgment of the
trial court.

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


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