January 26, 1999
Volume 5 -- Number 012

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
01 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
18 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

		
RICHARD B. ANDERSON
VS.
ALCOA FUKIKARA, LTD. AND LIBERTY MUTUAL INSURANCE

JUDGMENT

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not
well taken and should be denied; and It is, therefore, ordered that
the Panel's findings of fact and conclusions of law are adopted and
affirmed, and the decision of the Panel is made the judgment of the
Court.

http://www.tba.org/tba_files/TSC/Anderson_jo.WP6



JAMES CLARENCE BENNETT VS. SNAP-ON INCORPORATED Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Steven H. Trent Howell H. Sherrod, Jr. Baker, Donelson, Bearman & Caldwell Sherrod, Stanely, Lincoln & Goldstein P. O. Box 3038 249 East Main Street Johnson City, TN 37602-3038 Johnson City, Tennessee 37604-5707 Judge:McLELLAN First Paragraph: This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225 (e) (3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, Snap-On Incorporated, has appealed from the action of the trial court in awarding the employee, James Clarence Bennett, a forty percent permanent partial disability to his right upper extremity. On appeal, the employer contends that the award of forty percent permanent partial disability to the employee's right upper extremity was excessive. http://www.tba.org/tba_files/TSC_WCP/Bennettj_opn.WP6
TENNESSEE SUPREME COURT ADVISORY COMMISSION ON TECHNOLOGY NOTICE OF PUBLIC MEETING Uniform Paper Size Court:TSC - Rules First Paragraph: The Tennessee Supreme Court's Advisory Commission on Technology will meet on February 26, 1999 from 2:45 - 4:30 p.m., C.S.T., in Senate Hearing Rooms 12-14 at the Legislative Plaza. The purpose of the meeting is to obtain information and to discuss a proposal for the adoption of a rule requiring a uniform paper size for papers and documents filed in all state trial and appellate courts. http://www.tba.org/tba_files/TSC_Rules/pubmtgpap_wpd.WP6
TENNESSEE SUPREME COURT ADVISORY COMMISSION ON TECHNOLOGY NOTICE OF PUBLIC MEETING Universal Citation System Court:TSC - Rules First Paragraph: The Tennessee Supreme Court's Advisory Commission on Technology will meet on February 26, 1999 from 1:00 - 2:30 p.m., C.S.T., in Senate Hearing Rooms 12-14 at the Legislative Plaza. The purpose of the meeting is to obtain information and to discuss a proposal for the adoption of a Universal Citation System. http://www.tba.org/tba_files/TSC_Rules/pubmtgcit_wpd.WP6
STATE OF TENNESSEE VS. TANYA ALISHA BURGESS Court:TCCA Attorneys: FOR THE APPELLANT: Andrew Jackson Dearing III 117 South Main Street, Suite 101 P.O. Box 761 Shelbyville, TN 37162 FOR THE APPELLEE: John Knox Walkup Attorney General and Reporter and Lisa A. Naylor Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 William Michael McCown District Attorney General and Robert G. Crigler Hollynn L. Hewgley Assistant Dist. Attorneys General 1 Public Square, Suite 100 Shelbyville, TN 37160-3953 Judge:TIPTON First Paragraph: The defendant, Tanya Alisha Burgess, appeals as of right her convictions by a Bedford County jury of aggravated burglary and theft over one thousand dollars. On appeal, she questions the sufficiency of the evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Burgesst_opn.WP6
STATE OF TENNESSEE VS. HARRY D. CLARDY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY SMITH JOHN KNOX WALKUP (On Appeal Only) Attorney General & Reporter Assistant Public Defender One Public Square KAREN M. YACUZZO Suite 321 Assistant Attorney General Clarksville, TN 37040 Criminal Justice Division 425 Fifth Ave. North N. REESE BAGWELL 2d Floor, Cordell Hull Bldg. (At Trial) Nashville, TN 37243-0493 Attorney at Law 116 S. Second St. JOHN WESLEY CARNEY, JR. Clarksville, TN 37040 District Attorney General ARTHUR BIEBER Assistant District Attorney General 204 Franklin St., Suite 200 Clarksville, TN 37040 Judge:WITT First Paragraph: The defendant, Harry D. Clardy, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from his judgment of conviction in the Criminal Court of Montgomery County for exercising control over stolen property valued at more than $10,000, a Class C felony. He was sentenced to serve fifteen years in the Department of Correction as a Range III, persistent offender. In this appeal, the defendant contends that the evidence is insufficient to establish that the goods stolen were worth more than $10,000 and that the trial in Montgomery County Circuit Court violated due process because the theft occurred in Davidson County. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Clardyh_opn.WP6
STATE OF TENNESSEE VS. JAMES W. CONNORS, III Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. HERBISON JOHN KNOX WALKUP 2016 Eighth Avenue South Attorney General and Reporter Nashville, TN 37204 LISA A. NAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General WAYNE HYATT Assistant District Attorney 113 East Main Street Gallatin, TN 37066 Judge:SMITH First Paragraph: On October 13, 1994, Appellant James W. Connors, III, pleaded guilty to driving under the influence, second offense; driving on a revoked license; and reckless endangerment. After a sentencing hearing on December 6, 1994, Appellant received an effective sentence of 120 days imprisonment followed by 2_ years of probation. Appellant appealed his sentence and this Court vacated his sentence and remanded the case for resentencing. After a sentencing hearing on May 28, 1996, Appellant received an effective sentence of 240 days imprisonment followed by sixteen months of probation. http://www.tba.org/tba_files/TCCA/Connoja_opn.WP6
STATE OF TENNESSEE VS. BOBBY CROOK Court:TCCA Attorneys: FOR THE APPELLANT: Hershell D. Koger 131 N. 1st Street P.O. Box 1148 Pulaski, TN 38478 FOR THE APPELLEE: John Knox Walkup Attorney General and Reporter and Karen M. Yacuzzo Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 T. Michael Bottoms District Attorney General and Richard H. Dunavant Assistant District Attorney General Giles County Courthouse P.O. Box 304 Pulaski, TN 38478-0304 Judge:TIPTON First Paragraph: The defendant, Bobby Crook, appeals as of right from the judgment of the trial court resentencing him to consecutive ten-year sentences upon revoking his community corrections sentences. He was originally sentenced to concurrent ten-year terms. The defendant contends that the trial court erroneously imposed the consecutive sentences without first conducting a sentencing hearing and making findings that consecutive sentences were appropriate. The judgment of the trial court revoking the defendant's community corrections sentences is affirmed. However, the consecutive sentences are vacated, and this cause is remanded for a new sentencing hearing. http://www.tba.org/tba_files/TCCA/Crookb_opn.WP6
STATE OF TENNESSEE VS. MARK A. HILL Court:TCCA Attorneys: FOR THE APPELLANT: THOMAS C. FARIS 101 S. College Street Winchester, TN 37398-1517 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter KIM R. HELPER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 C. MICHAEL LAYNE District Attorney General 307 South Woodland P.O. Box 147 Manchester, TN 37355-0147 Judge:RILEY First Paragraph: The defendant, Mark A. Hill, appeals the sentence imposed by the trial court after he pled guilty to one (1) felony count of theft over $1,000 and six (6) misdemeanor counts of theft under $500. The trial court sentenced him to concurrent terms of three (3) years for the felony and eleven (11) months and twenty-nine (29) days for the misdemeanors. The defendant was ordered to serve ten (10) months and twenty-four (24) days in the Coffee County jail with the remainder on probation. http://www.tba.org/tba_files/TCCA/Hillma_opn.WP6
STATE OF TENNESSEE VS. CLESSIE T. JACO Court:TCCA Attorneys: For Appellant: For Appellee: William Carter Conway John Knox Walkup 236 Court Sq, Ste 205 Attorney General and Reporter Franklin, TN 37064 450 James Robertson Parkway Nashville, TN 37243-0493 Kim R. Helper Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Mike Bottoms District Attorney General P.O. Box 459 Lawrenceburg, TN 38464 Lawrence R. Nickell, Jr. Assistant District Attorney General P.O. Box 1619 Columbia, TN 38402 Judge:WADE First Paragraph: The defendant, Clessie T. Jaco, entered pleas of guilt to two counts of attempted rape, a Class C felony. The trial court imposed a Range I sentence of six years as to each count to be served consecutively. http://www.tba.org/tba_files/TCCA/Jacoclst_opn.WP6
STATE OF TENNESSEE VS. STUART ALLEN JENKINS Court:TCCA Attorneys: For the Appellant: For the Appellee: William A. Cameron John Knox Walkup 100 S. Jefferson Avenue Attorney General of Tennessee Cookeville, TN 38501 and Daryl J. Brand Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 William Edward Gibson District Attorney General and Shawn Fry Assistant District Attorney General 145 S. Jefferson Avenue Cookeville, TN 38501-3424 Judge:TIPTON First Paragraph: The defendant, Stuart Allen Jenkins, was convicted upon his plea of guilty in the Putnam County Criminal Court to driving under the influence of an intoxicant (D.U.I.), first offense, a Class A misdemeanor. He was sentenced as a Range I, standard offender to eleven months and twenty-nine days confinement in the Putnam County jail with all but forty-eight hours suspended and the remainder to be served on probation. He was fined three hundred and sixty dollars. He appeals as of right upon a certified question of law. See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b). The state questions whether the defendant has properly reserved a certified question of law. We affirm the trial court. http://www.tba.org/tba_files/TCCA/Jenkinss_opn.WP6
STATE OF TENNESSEE VS. DAVID T. JONES Court:TCCA Attorneys: FOR THE APPELLANT: JOHN H. HENDERSON District Public Defender ELAINE B. BEELER Assistant District Public Defender 407-C Main Street P.O. Box 68 Franklin, TN 37065-0068 FOR THE APPELLEE: 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 L. DAVIS Assistant District Attorney General Williamson County Courthouse Suite G-6 P.O. Box 937 Franklin, TN 37065-0937 Judge:RILEY First Paragraph: The defendant, David T. Jones, appeals his conviction for driving under the influence of an intoxicant, third offense. The defendant was sentenced to eleven (11) months and twenty-nine (29) days and fined $1,500. http://www.tba.org/tba_files/TCCA/Jonesdt_opn.WP6
SHONE KING VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: SAM E. WALLACE, JR. 227 Second Avenue North Second Floor Nashville, TN 37201 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 NICHOLAS D. BAILEY D. PAUL DeWITT Asst. District Attorneys General Washington Square, Suite 500 222 Second Avenue South Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The petitioner, Shone King, appeals the trial court's denial of post-conviction relief. Petitioner is currently serving an effective sentence of ninety-nine (99) years following his conviction by a Davidson County jury for three (3) counts of aggravated rape and one (1) count each of aggravated burglary, aggravated robbery, and aggravated assault. The petitioner filed for post-conviction relief alleging ineffective assistance of counsel. After a hearing, the trial court dismissed the petition. After a review of the record, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Kings_opn.WP6
STATE OF TENNESSEE VS. CHARLES B. LUKE Court:TCCA Attorneys: For the Appellant: For the Appellee: Donald G. Dickerson John Knox Walkup 310D East Broad Street Attorney General of Tennessee Cookeville, TN 38501 and Timothy Behan Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 William Edward Gibson District Attorney General and Shawn Fry Assistant District Attorney General 145 South Jefferson Avenue Cookeville, TN 38501 Judge:TIPTON First Paragraph: The defendant, Charles B. Luke, was convicted pursuant to his plea of nolo contendere in the Putnam County Criminal Court of driving under the influence of an intoxicant (D.U.I.), a Class A misdemeanor. The trial court sentenced the defendant to five months, twenty-nine days confinement in the county jail with all but forty-eight hours to be served on probation and a fine of three hundred sixty dollars. http://www.tba.org/tba_files/TCCA/Lukecb_opn.WP6
STATE OF TENNESSEE VS. LAMONT McDONALD Court:TCCA Attorneys: FOR THE APPELLANT: KARL DEAN Public Defender JEFFREY A. DeVASHER ROSS E. ALDERMAN Asst. Public Defenders 1202 Stahlman Building 211 Union Street Nashville, TN 37201-5066 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter TIMOTHY BEHAN 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 Building 222 Second Avenue North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The defendant, Lamont McDonald, appeals the trial court's denial of his Tenn. R. Crim. P. 35(b) motion to reduce sentence. He originally pled guilty to second degree murder and received an agreed sentence of twenty-three (23) years as a Range I, standard offender. On appeal, the defendant claims the trial court abused its discretion in denying the motion. Finding no abuse of discretion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Mcdonall_opn.WP6
STATE OF TENNESSEE VS. FREDDIE MORROW and DAMIEN DARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: COLLIER W. GOODLETT JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 109 S. Second Street Clarksville, TN 37040 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JOHN CARNEY District Attorney General ARTHUR BIEBER Assistant District Attorney 500 South Main Springfield, TN 37172 Judge:SMITH First Paragraph: The appellants, Frederick D. Morrow and Damien Darden, were convicted after a Robertson County bench trial of one (1) count of felony murder, one (1) count of attempted aggravated kidnapping and one (1) count of civil rights intimidation. Both appellants were sentenced to life imprisonment for first degree murder. Morrow was sentenced as a Range I offender to consecutive terms of four (4) years for civil rights intimidation and five (5) years for attempted aggravated kidnapping. Darden received Range I sentences of three (3) years for civil rights intimidation and four (4) years for attempted aggravated kidnapping, to run concurrently with each other but consecutively to the life sentence for first degree murder. http://www.tba.org/tba_files/TCCA/Morrowfr_opn.WP6
STATE OF TENNESSEE VS. JAMES MURRAY, MARCIE MURRAY and SHARON R. HURT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. RODGERS, JR. JOHN KNOX WALKUP Ste 1230, 1st American Center Attorney General and Reporter 315 Deaderick Street Nashville, TN 37238-1230 DARIAN B. TAYLOR (Attorney for James Murray) Assistant Attorney General 425 Fifth Avenue North CHARLES R. RAY Nashville, TN 37243-0493 211 Third Avenue North P. O. Box 198288 VICTOR S. JOHNSON Nashville, TN 37219-8288 District Attorney General (Attorney for Marcie Murray) TOM THURMAN PETER J. STRIANSE ROGER MOORE 21st Floor, 1st American Cen Assistant District Attorneys Nashville, TN 37238 Washington Sq., Ste. 500 (Attorney for Sharon Hurt) Nashville, TN 37201-1649 Judge:SMITH First Paragraph: On August 2, 1995, a Davidson County jury convicted Appellants Sharon Hurt, Marcie Murray, and James Murray of one count of first degree murder and one count of conspiracy to commit first degree murder. After a sentencing hearing on December 14, 1995, Sharon Hurt was given consecutive sentences of life imprisonment and twenty-four years, Marcie Murray was given consecutive sentences of life imprisonment and twenty years, and James Murray was given consecutive sentences of life imprisonment and twenty-two years. http://www.tba.org/tba_files/TCCA/Murrayja_opn.WP6
STATE OF TENNESSEE VS. STEPHEN CARL OSBORNE Court:TCCA Attorneys: For Appellant: For Appellee: Guy R. Dotson, Jr. John Knox Walkup 102 South Maple Street Attorney General and Reporter Murfreesboro, TN 37130 450 James Robertson Parkway Nashville, TN 37243-0493 Lisa A. Naylor Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 William C. Whitesell District Attorney General Third Floor Judicial Bldg. Murfreesboro, TN 37130 Judge:WADE First Paragraph: The defendant, Stephen Carl Osborne, was convicted of operating a motor vehicle while under the influence of an intoxicant, fourth offense, and for operating a motor vehicle on a revoked driver's license. The trial court imposed a sentence of eleven months and twenty-nine days for the DUI conviction, suspended all but one hundred seventy days, and ordered the remainder to be served on probation. The trial court imposed a consecutive six-month sentence for driving on revoked license, ordered ten days in jail, and required the balance to be served on probation. http://www.tba.org/tba_files/TCCA/Osbornsc_opn.WP6
STATE OF TENNESSEE VS. CARLOS DEWAYNE PARKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Shipp R. Weems John Knox Walkup District Public Defender Attorney General & Reporter Steve Stack Kim R. Helper Assistant Public Defender Assistant Attorney General P.O. Box 160 425 Fifth Avenue North Charlotte, TN 37036 Nashville, TN 37243-0493 Dan M. Alsobrooks District Attorney General James Kirby Assistant District Attorney General P.O. Box 580 Ashland City, TN 37015 Judge:SUMMERS First Paragraph: The appellant, Carlos Dewayne Parker, was indicted by the Cheatham County Grand Jury for various sexual offenses including rape, rape of a child, sexual battery, aggravated sexual battery, and incest. He entered negotiated pleas of nolo contendere to one count each of rape, see T.C.A. S 39-13-503, and aggravated sexual battery, see T.C.A. S 39-13-504. Pursuant to his plea agreement, he received concurrent eight-year sentences for each offense. At a hearing to determine the manner of service of these sentences, the trial court concluded that the appellant was eligible for community corrections under the "special needs" provision of T.C.A. S 40-36-106(c). However, after reviewing the statutory sentencing considerations, see T.C.A. S 40-35-103, and arguments of counsel, the trial court ordered confinement with the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/Parkercd_opn.WP6
STATE OF TENNESSEE VS. JOHN HENRY ROBINSON, III Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jeffrey A. DeVasher John Knox Walkup Assistant Public Defender Attorney General & Reporter 1202 Stahlman Building 425 Fifth Avenue North Nashville, TN 37201-5066 Nashville, TN 37243-0493 (On Appeal) Timothy Behan J. Michael Engle Assistant Attorney General Assistant Public Defender 425 Fifth Avenue North 1202 Stahlman Building Nashville, TN 37243-0493 Nashville, TN 37201-5066 (At Trial) Victor S. (Torry) Johnson, III District Attorney General OF COUNSEL: 222 Second Avenue North, Suite 500 Karl Dean Nashville, TN 37201-1649 District Public Defender 1202 Stahlman Building Dan Hamm Nashville, TN 37201-5066 Assistant District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Roger D. Moore Assistant District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge:LAFFERTY First Paragraph: The appellant, John Henry Robinson, III, referred herein as the defendant, appeals as of right his sentence for voluntary manslaughter imposed by the Davidson County Criminal Court. The defendant, charged with murder first degree, was convicted by a Davidson County jury of voluntary manslaughter. The trial court imposed a Range I sentence of confinement for six years in the Corrections Corporation of America. Also, the trial court denied the defendant's request for probation or split confinement, finding continuous confinement was the appropriate sentence. http://www.tba.org/tba_files/TCCA/Rbinsnjh_opn.WP6
STATE OF TENNESSEE VS. BRIAN ROBERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TRIPPE S. FRIED JOHN KNOX WALKUP 302 Third Ave. South Attorney General & Reporter Franklin, TN 37064 LISA A. NAYLOR Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 JOSEPH D. BAUGH, JR. District Attorney General 21st Judicial District Williamson County Courthouse P.O. Box 937 Franklin, TN 37065-0937 ROBBIE BEAL Assistant District Attorney P.O. Box 937 Franklin, TN 37065-0937 Judge:WITT First Paragraph: A Williamson County Circuit Court jury convicted the defendant, Brian Roberson, of a Class B felony sale of cocaine under Tennessee Code Annotated section 39-17-417 and recommended a fine of $15,000. The trial judge sentenced him to nine years incarceration with the Department of Correction as a Range I offender and imposed a fine of $2,000. http://www.tba.org/tba_files/TCCA/Roberson_opn.WP6
STATE OF TENNESSEE VS. JOHNNIE M. TALLEY III Court:TCCA Attorneys: FOR THE APPELLANT: JOHN H. HENDERSON District Public Defender 407 C Main Street P.O. Box 68 Franklin, TN 37065-0068 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 JOSEPH D. BAUGH, JR. District Attorney General DEREK K. SMITH Assistant District Attorney General G-6 Courthouse P.O. Box 937 Franklin, TN 37065-0937 Judge:LAFFERTY First Paragraph: Defendant was found guilty of five counts of filing a false report in violation of Tenn. Code Ann. S 39-16-502(a)(2)(A), all Class E felonies. The trial court sentenced defendant as a Range II, multiple offender, to four years in counts one and three, and three years in counts four, six, and eight. Counts one and three ran consecutively and the other counts ran concurrently for an effective eight-year sentence. The court also revoked defendant's probation on a three-year sentence, but ordered that time served concurrently with the new sentence. http://www.tba.org/tba_files/TCCA/Talleyj_opn.WP6

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