February 25, 1999
Volume 5 -- Number 026

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):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
13 New Opinion(s) from the Tennessee Court of Appeals
09 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

		
GINA CHANDLER ALEXANDER
VS.
SANDPIPER PROPERTIES, INC. and  
JOSEPH R. ALEXANDER, WILLIAM R. SCANDLYN and            
FREDERICK D. HARVEY, as Directors of Sandpiper Properties, Inc.

Court:TCA

Attorneys: 

For Appellant                     For Appellee

CHARLES B. HILL, II               CHARLES M. FINN
Kingston, Tennessee               Kramer, Rayson, Leake,
                                  Rodgers & Morgan  
                                  Knoxville, Tennessee                         

Judge:SUSANO

First Paragraph:

The plaintiff, Gina Chandler Alexander, seeks damages for breach of an
employment contract.  The trial court granted the defendants summary
judgment and dismissed the plaintiff's suit.  Plaintiff appeals,
contending that there are genuine issues of material fact that render
summary judgment inappropriate.  We affirm.

http://www.tba.org/tba_files/TCA/Alexndgc_opn.WP6



WILLIAM G. BRASHEARS and wife DONNA BRASHEARS VS. CITY OF KNOXVILLE POLICE DEPARTMENT Court:TCA Attorneys: JAMES L. MILLIGAN, JR., OF KNOXVILLE FOR APPELLANTS RONALD E. MILLS, Assistant City Attorney, City of Knoxville, FOR APPELLEE Judge:GODDARD First Paragraph: William and Donna Brashears appeal the Knox County Circuit Court's ruling of summary judgment in favor of the City of Knoxville. The Brashears contend that the Circuit Court improperly granted the motion for summary judgment because it did not recognize nor apply the doctrines of equitable estoppel or equitable tolling in their favor. We agree with the Circuit Court's ruling and, therefore, affirm the judgment. http://www.tba.org/tba_files/TCA/Brasheaw_opn.WP6
LAUREN BROWN VS. HENRY LEO BROWN, JR Court:TCA Attorneys: For Appellant For Appellee PHILLIP C. LAWRENCE NO APPEARANCE ON APPEAL JEFFREY A. POWELL Lawrence, Lawrence & Gerbitz, PLLC Chattanooga, Tennessee Judge:SUSANO First Paragraph: The parties were divorced by the Heidelberg District Court ("the German trial court") in the Federal Republic of Germany on November 23, 1993. Subsequently, on May 23, 1996, Lauren Brown ("Wife") filed a complaint in the Hamilton County Chancery Court ("the Chancery Court") against her former husband, Henry Leo Brown, Jr. ("Husband"), seeking to domesticate orders from the proceedings in Germany. Wife's complaint also seeks an equitable division of Husband's military retirement pay; a child support arrearage based on the orders of the German trial court; a new child support decree predicated on Husband's present income; and other relief. Being dissatisfied with portions of the judgment of the Chancery Court, Wife appeals, arguing that the Chancery Court awarded her an inequitable share of Husband's military retirement and that the court erred in failing to order Husband to reimburse her for one-half of three payments made by her on the parties' mortgage. We affirm. http://www.tba.org/tba_files/TCA/Brownl_opn.WP6
ROY A. BURCH VS. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: ROY A. BURCH Northeast Correctional Center P. O. Box 5000 Mountain City, Tennessee 37683 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General & Reporter PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge:CANTRELL First Paragraph: An inmate sentenced to life imprisonment as a Class X habitual offender filed a petition for declaratory judgment. He claimed that he was entitled to have his sentence recalculated under a more lenient statute that was enacted after he was sentenced. The trial court dismissed the petition. We affirm. http://www.tba.org/tba_files/TCA/Burchra_opn.WP6
IN THE MATTER OF: COURTNEY JADE CANOVA, MARY WITT LEVRAEA, LUKE LEVRAEA, BRENDA CANOVA RIDDLE VS. JENNIFER CRUZ McKELL Court:TCA Attorneys: CAROL DOWNTON, Nashville, Attorney for Petitioners. ROSEMARY E. PHILLIPS, Goodlettsville, Attorney for Respondent. Judge:TOMLIN First Paragraph: This is a grandparents visitation rights case. Mary Witt Levraea, Luke Levraea, and Brenda Canova Riddle ("Petitioners") filed suit in the Juvenile Court of Davidson County against Jennifer Cruz McKell ("Respondent"), seeking to establish visitation rights with Courtney Jade Canova. The Levraes are the great-grandparents and Ms. Riddle is the grandmother of the minor child. Respondent is the child's mother and custodial parent. The child was born out of wedlock to Respondent and Garth Bryan Canova, the son and grandson respectively of the Petitioners. While the parents never married, Garth legitimated the child and paid child support. Some eighteen months following the birth of the child, Garth was killed in an automobile accident. http://www.tba.org/tba_files/TCA/Canovaco_opn.WP6
THOMAS M. GAGE and wife, JUDY A. GAGE VS. ROBERT C. SEAMAN and wife, RUBY M. SEAMAN, et al. Court:TCA Attorneys: For the Defendants/Appellees For the Defendant/Appellee Robert and Ruby Seaman: Knoxville Realtors, Inc. d/b/a Knoxville Realty: D. Scott Hurley Bill W. Petty Knoxville, Tennessee Knoxville, Tennessee For the Plaintiffs/Appellants: Stephen J. Lusk Knoxville, Tennessee Judge:LILLARD First Paragraph: This is an action for breach of contract and fraudulent misrepresentation arising out of the sale of a house. The purchasers filed suit against the sellers and the real estate company, seeking compensatory damages. After a bench trial, the trial court entered a $12,000 judgment against the defendant sellers, and ordered them to pay $8000 of the plaintiffs' attorney's fees. The claims against the real estate company were dismissed. Plaintiffs appealed. We affirm in part, reverse in part, and remand. http://www.tba.org/tba_files/TCA/Gagethos_opn.WP6
DONALD E. GRIFFIN VS. SHELTER MUTUAL INSURANCE COMPANY Court:TCA Attorneys: CHARLES PATRICK FLYNN MICHAEL K. RADFORD 214 Centerview Drive, Suite 233 Brentwood, Tennessee 37027 Attorneys for Plaintiff/Appellant THOMAS W. HARDIN KIM B. KETTERING 102 W. Seventh Street, Suite 100 Columbia, Tennessee 38402-0692 Attorneys for Defendant/Appellee Judge:CANTRELL First Paragraph: The Chancery Court of Davidson County granted summary judgment to appellant's underinsured motorist carrier because appellant failed to comply with the notice provisions of the policy and the service provisions of Tenn. Code Ann. S 56-7-1206(a). The appellant contends that he did comply with the policy provisions and that Tenn. Code Ann. S 56-7-1206(a) does not apply under the facts of this case. We affirm the trial court on the failure to follow the statute. We reverse the dismissal on the failure to follow the policy's notice provisions. http://www.tba.org/tba_files/TCA/Griffde_opn.WP6
JAMES WEIFU LEE VS. RENYI ZHAO Court:TCA Attorneys: RENYI ZHAO, Appellant, Pro Se W. BRIAN STARNES OF KNOXVILLE FOR APPELLEE Judge:GODDARD First Paragraph: Renyi Zhao appeals a judgment of the Chancery Court for Anderson County which granted her husband, James Weifu Lee, a divorce, divided the parties' marital property, which included an interest in the proceeds of Mr. Lee's pension plan, awarded her "primary/residential custody" of the parties' minor child, Joanna Junying Lee (d.o.b. 5/12/92) and $600 per month as support for Joanna. http://www.tba.org/tba_files/TCA/Leejw_opn.WP6
MIDWEST BRONZE, INC. VS. OUTLAW AIRCRAFT SALES, INC. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Douglas Berry Gregory D. Smith Nashville, Tennessee Clarksville, Tennessee Judge:LILLARD First Paragraph: This is a breach of contract case. The plaintiff entered into a contract to purchase an airplane, subject to inspection. A deposit was paid on the airplane. Upon inspection, the plaintiff found defects and rejected the aircraft. The defendant sought to remedy the defects and refused to return the deposit. The plaintiff filed suit for breach of contract and under the Tennessee Consumer Protection Act. The trial court awarded the plaintiff a judgment for the amount of the deposit, but permitted the defendant to set-off monies it had spent to modify the airplane in anticipation of sale to the plaintiff. It declined to award prejudgment interest or damages under the Consumer Protection Act. The plaintiff appeals. We reverse in part the award of set-off damages, reverse the denial of prejudgment interest, and affirm the denial of damages under the Consumer Protection Act. http://www.tba.org/tba_files/TCA/Midwestb_opn.WP6
KATHIE LYNN PASS VS. LEE ROY PASS Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Lance A. Evans Charles Dungan Maryville, Tennessee Maryville, Tennessee Judge:LILLARD First Paragraph: This is an action to collect child support arrearages involving an issue of first impression in Tennessee. The parties divorced, remarried, and divorced a second time. The wife seeks to collect child support which accrued after the first divorce and prior to the parties' remarriage. The trial court found that the remarriage of the parties rendered the prior divorce decree void with regard to child support and dismissed the wife's motion to collect the arrearage. We reverse, holding that claims for arrearages which accrued after the first divorce and prior to the remarriage are not barred as a matter of law. http://www.tba.org/tba_files/TCA/Passkl_opn.WP6
LLOYD D. SCARLETT and LLOYD L. SCARLETT VS. FRANKLIN HENRY and JIM OAKES and wife DOROTHY OAKES Court:TCA Attorneys: JOHN D. AGEE OF KINGSTON FOR APPELLANTS STEVEN C. DOUGLAS OF CROSSVILLE FOR APPELLEE FRANKLIN HENRY LARRY M. WARNER OF CROSSVILLE FOR APPELLEES JIM OAKES and DOROTHY OAKES Judge:GODDARD First Paragraph: This is a suit by Lloyd D. Scarlett and his father Lloyd L. Scarlett, whose wife Shirley Scarlett was made a party plaintiff at the beginning of the trial, against Franklin Henry and Jim Oakes and his wife Dorothy Oakes. The Plaintiffs seek a declaration that they are entitled to use a 50-foot right-of-way adjoining Lloyd D.'s property and ending at the property line of Lloyd L. (See appendix A.) http://www.tba.org/tba_files/TCA/Scarletl_opn.WP6
JERRY CECIL WILLIAMS VS. BLANCA NELIDA MELENDEZ WILLIAMS and GLORIA HAY Court:TCA Attorneys: James H. Drescher; Stokes & Bartholomew, P.A. of Nashville For Appellee Charles Watson Cross of Nashville For Appellant, Williams John Ascione of Nashville For Appellant, Hay Judge:TOMLIN First Paragraph: This appeal stems from a lengthy divorce case filed initially by Jerry Cecil Williams (Husband) against Blanca D. M. Williams (Wife) in the Circuit Court of Davidson County. Husband charged Wife with inappropriate marital conduct as well as alleging the existence of irreconcilable differences. No Marital Dissolution Agreement was filed with the complaint or at any time thereafter. http://www.tba.org/tba_files/TCA/Wmsjerry_opn.WP6
STATE FARM GENERAL INSURANCE COMPANY VS. LEILA JUNE WOOD Court:TCA Attorneys: For Appellant For Appellee STUART F. JAMES JOHN D. BARRY Manuel & James, PLLC Milligan, Barry, Hensley & Chattanooga, Tennessee Evans Chattanooga, Tennessee Judge:SUSANO First Paragraph: This declaratory judgment action was filed by State Farm General Insurance Company ("State Farm") against its insured, the defendant Leila June Wood ("Wood"). It was prompted by Wood's filing of a claim for a fire loss to her mobile home. The trial court found that a misrepresentation regarding the insured's prior loss history, made by Wood in her application for insurance, had increased State Farm's risk of loss pursuant to T.C.A. S 56-7-103; accordingly, the trial court declared the subject policy void ab initio and held that Wood was not entitled to a recovery. Wood appeals, contending that the trial court erred in failing to grant her motion for a directed verdict, and in finding that State Farm had suffered an increased risk of loss as a consequence of the misrepresentation. We affirm. http://www.tba.org/tba_files/TCA/Woodlj_opn.WP6
STATE OF TENNESSEE VS. NATHANIEL ALLEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. MCGOWN JOHN KNOX WALKUP 113 North Court Square Attorney General and Reporter Waverly, TN 37185 (On Appeal Only) DARYL J. BRAND Associate Solicitor General JOHN HARWELL DICKEY 425 Fifth Avenue North District Public Defender Nashville, TN 37243 105 S. Main Street Fayetteville, TN 37334 MIKE MCCOWEN (At Trial and of Counsel on Appeal) District Attorney General ROBERT G. CRIGLER Assistant District Attorney Moore County Courthouse Lynchburg, TN Judge:SMITH First Paragraph: On January 26, 1998, a Moore County jury convicted Appellant Nathaniel Allen of possession of a controlled substance and driving on a revoked license. After a sentencing hearing on February 25, 1998, Appellant received concurrent sentences of ten months and fifteen days for possession of marijuana and three months for driving on a revoked license. On June 12, 1998, the trial court granted Appellant's motion for early release and placed Appellant on supervised probation. Appellant contends that the trial court erroneously imposed longer sentences than he deserves. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Allennat_opn.WP6
STATE OF TENNESSEE VS. ROSS C. AUSTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Washington Sq Two, Ste 418 Attorney General & Reporter 222 Second Ave., North Nashville, TN 37201 DARYL J. BRAND Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General SHARON BROX Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201-1649 Judge:PEAY First Paragraph: On February 24, 1997, the defendant was found guilty by a jury of sexual battery. The defendant was subsequently sentenced as a Range II multiple offender to four years to be served in the Tennessee Department of Correction. The defendant's motion for a new trial was denied by the trial court. The defendant now appeals and contends that the evidence was insufficient to support his conviction and that his sentence is excessive. After a review of the record and the applicable law, we affirm the judgment of the court below. http://www.tba.org/tba_files/TCCA/Austinrc_opn.WP6
STATE OF TENNESSEE VS. WILLIAM BRIAN BELSER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TOM SLAUGHTER JOHN KNOX WALKUP Attorney At Law Attorney General & Reporter 602 S. Gay Street, Suite 600 Knoxville, TN 37902 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General City-County Building Knoxville, TN 37902 ROBERT JOLLEY Asst. Dist. Attorney General City-County Building Knoxville, TN 37902 Judge:WITT First Paragraph: The defendant, William Brian Belser, was convicted by a Knox County Criminal Court jury of the second-degree murder of Brian Shaver, and the trial court sentenced the defendant as a Range I offender to serve 25 years in the Department of Correction. The sentence runs consecutively to a federal sentence the defendant was serving at the time of his Knox County conviction. http://www.tba.org/tba_files/TCCA/Belserwb_opn.WP6
STATE OF TENNESSEE VS. CURTIS CECIL WAYNE BOLTON Court:TCCA Attorneys: For the Appellant: For the Appellee: Charles Herman John Knox Walkup P.O. Box 337 Attorney General of Tennessee Jacksboro, TN 37757 and (AT TRIAL) Michael J. Fahey, II Asst Attorney General of Tennessee Martha J. Yoakum 425 Fifth Avenue North District Public Defender Nashville, TN 37243-0493 P.O. Box 386 Tazewell, TN 37879 William Paul Phillips and District Attorney General Laura Rule Hendricks P.O. Box 10 606 W. Main Street, Suite 350 Huntsville, TN 37756 P.O. Box 84 Knoxville, TN 37902-0084 (ON APPEAL) Judge:TIPTON First Paragraph: The defendant, Curtis Cecil Wayne Bolton, appeals as of right from his conviction by a jury in the Campbell County Criminal Court of first degree murder for which he received a sentence of life imprisonment in the custody of the Department of Correction. He presents the following issues for our review: (1) whether the evidence is sufficient to support his conviction; (2) whether a juror's failure to reveal a relationship with an assistant district attorney general deprived him of a fair trial; (3) whether impeachment of the defendant by a codefendant regarding the defendant's prior bad acts denied him of a fair trial; (4) whether the trial court erred by allowing the introduction of a diagram and the reference to a color photograph of the victim; and (5) whether the state's biblical reference in closing argument prejudiced the verdict and denied the defendant of a fair trial. We conclude that no reversible error occurred. http://www.tba.org/tba_files/TCCA/Boltoncc_opn.WP6
HARRY E. CONKLIN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL G. STEWART JOHN KNOX WALKUP 511 Union St., Suite 2100 Attorney General & Reporter Nashville, TN 37219 DARYL J. BRAND Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General WILLIAM REED Asst. District Attorney General 222 Second Ave., North Suite 500 Nashville, TN 37201-1649 Judge:PEAY First Paragraph: In 1995, the petitioner was charged in the indictment with three counts of rape of a child and three counts of aggravated sexual battery upon a child less than thirteen years of age. After negotiations with the State, the petitioner pled guilty to the three aggravated sexual battery counts, and the child rape counts were dismissed. Pursuant to the plea agreement and discussions at the guilty plea hearing, the trial court sentenced the petitioner as a Range I standard offender to three consecutive terms of eleven years imprisonment, for an effective sentence of thirty-three years. In August 1996, the petitioner filed a petition for post-conviction relief, alleging several grounds for relief. Following an evidentiary hearing, the post-conviction court denied the petition. The petitioner now appeals, arguing that his guilty plea was unknowing and involuntary and that his indictment was constitutionally defective. We affirm the trial court's order denying the petition. http://www.tba.org/tba_files/TCCA/Conklinh_opn.WP6
STATE OF TENNESSEE VS. MARTIN PALMER JONES Court:TCCA Attorneys: For Appellant: For Appellee: Julie A. Martin John Knox Walkup Attorney for Appellant Attorney General and Reporter P.O. Box 426 Knoxville, TN 37901-0426 Todd R. Kelley (on appeal) Assistant Attorney General Criminal Justice Division David F. Bautista 425 Fifth Avenue, North District Public Defender Cordell Hull Building, Second Floor Nashville, TN 37243 Robert Oaks and David Crockett Deborah Huskins District Attorney General Assistant Public Defenders 142 East Market Street Lisa Nidiffer Johnson City, TN 37605 Assistant District Attorney General (at trial) Johnson City, TN 37601 Judge:WADE First Paragraph: The defendant, Martin Palmer Jones, entered best interest pleas of guilt to two counts of felony murder and received sentences of life with the possibility of parole. The trial court ordered the sentences to be served consecutively. In this appeal of right, the defendant argues that the trial court erred by imposing consecutive sentences in the absence of any aggravating circumstances. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Jonesmp_opn.WP6
STATE OF TENNESSEE VS. WOODROW WILSON MOUNGER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BURKETT C. McINTURFF JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 132 Broad St. Kingsport, TN 37662 CLINTON J. MORGAN Counsel for the State Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 H. GREELEY WELLS, JR. District Attorney General BARRY STAUBUS TERESA MURRAY SMITH Assistant District Attorney Generals 140 Blountville Bypass Box 526 Blountville, TN 37617-0526 Judge:WITT First Paragraph: The defendant, Woodrow Wilson Mounger, pleaded guilty in the Sullivan County Criminal Court to incest, a Class C felony, statutory rape, a Class E felony, and three counts of sexual battery, also Class E felonies. In accordance with the plea agreement, the defendant received an effective six-year sentence. After a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and ordered him to serve his sentence in the Department of Correction. The defendant appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure contending that the trial court erred by refusing to permit Dr. Thomas Schacht to testify at the sentencing hearing and by denying the defendant full probation or another form of alternative sentence. For the reasons discussed below, we reverse the judgment and remand the case to the trial court for a new sentencing hearing. http://www.tba.org/tba_files/TCCA/Moungrw_opn.WP6
STATE OF TENNESSEE VS. JOHN EARL SCALES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RAYBURN McGOWAN, JR. JOHN KNOX WALKUP 500 Wilson Pike Circle, Ste F-218 Attorney General & Reporter Brentwood, TN 37027 (On Appeal) KAREN M. YACUZZO Asst. Attorney General DAVID I. KOMISAR John Sevier Bldg. 211 Printer's Alley Bldg., Ste 400 425 Fifth Ave., North Nashville, TN 37201 Nashville, TN 37243-0493 (At Trial) VICTOR S. JOHNSON, III District Attorney General JOHN C. ZIMMERMANN Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201-1649 Judge:PEAY First Paragraph: The defendant was convicted of first-degree felony murder and attempted aggravated robbery. Following a sentencing hearing, he was sentenced to life imprisonment for the murder conviction and a concurrent three year term for the attempted aggravated robbery conviction. After his motion for new trial was denied, the defendant filed a notice of appeal with this Court. He presents the following issues for review: I. Whether the jury's verdict was contrary to the weight of the evidence; II. Whether his trial counsel rendered ineffective assistance; III. Whether the trial court erred in failing to give a curative instruction in response to comments Vera Thompson made during her testimony; IV. Whether the investigating police officers engaged in misconduct by failing to recover surveillance tapes that the defendant argues would have helped him establish his alibi defense; and V. Whether the trial court erred in denying the defendant's motion for new trial on newly discovered evidence. Finding no merit to the defendant's claims, we affirm his convictions and sentence. http://www.tba.org/tba_files/TCCA/Scalesje_opn.WP6
STATE OF TENNESSEE VS. JOHN WALTER WHITTEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DEVASHER JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter (On Appeal) KIM R. HELPER EMMA RAE TENNENT Assistant Attorney General Assistant Public Defender 425 Fifth Avenue North 1202 Stahlman Building Nashville, TN 37243-0493 Nashville, TN 37201 (At Hearing) VICTOR S. JOHNSON District Attorney General JOHN ZIMMERMANN Assistant District Attorney 222 Second Avenue North Nashville, TN 37201-1649 Judge:SMITH First Paragraph: On April 21, 1997, Appellant John W. Whitten pleaded guilty to two counts of delivering a Schedule I controlled substance. After a sentencing hearing held on January 8 and February 4, 1998, the trial court sentenced Appellant as a Range I standard offender to ten years for both counts, with the sentences to be served concurrently. Appellant contends that the trial court erroneously imposed longer sentences than he deserves. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Whittenj_opn.WP6

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