May 18, 1999
Volume 5 -- Number 066

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):
 
03 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
00 New Opinion(s) from the Tennessee Court of Appeals
17 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

STATE OF TENNESSEE
VS.
LEONARD EDWARD SMITH
Court:TSC
Attorneys:                          
FOR APPELLANT:          FOR APPELLEE:

J. Robert Boatright     John Knox Walkup
Kingsport, Tennessee    Attorney General & Reporter

Larry S. Weddington     Michael E. Moore
Bristol, Tennessee      Solicitor General
        
                        Amy L. Tarkington
                        Senior Assistant Attorney General
                        Nashville, Tennessee

                        H. Greely Wells, Jr.
                        District Attorney General
                        Second Judicial District
                        Blountville, Tennessee
                        
Judge:DROWOTA

First Paragraph:

In this automatic appeal, the defendant, Leonard Edward Smith, raises
numerous challenges to the decision of the Court of Criminal Appeals
which affirmed his sentence of death for the 1984 murder of Novella
Webb.  After carefully examining the entire record and the law,
including the thorough opinion of the Court of Criminal Appeals and the
briefs of the defendant and the State, this Court entered an Order
limiting review at oral argument to the following three issues: (1)
Whether the trial court was correct in allowing the defendant to control
the presentation of mitigating evidence and to waive closing argument
against counsel's advice;

(2) Whether the admittance of victim impact testimony and argument at
the sentencing hearing constituted reversible error;

(3) Whether the sentence of death is arbitrary or disproportionate in
violation of Tenn. Code Ann. S 39-13-206(c)(1)(A)-(D) (1997 Repl.).

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


DISSENTING OPINION: http://www.tba.org/tba_files/TSC/Smithl_dis.WP6
APPENDIX: http://www.tba.org/tba_files/TSC/Smithlec_apx.WP6
JOE GLASGOW, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID A. COLLINS JOHN KNOX WALKUP 211 Printers Alley Bldg., 4th Fl. Attorney General & Reporter Nashville, TN 37201 TIMOTHY BEHAN Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General KYMBERLY HAAS Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201 Judge:PEAY First Paragraph: This is the third time a panel of this Court has visited this case. See State v. Joe Glasgow, Jr., No. 01C01-9102-CC-00082, Davidson County (Tenn. Crim. App. filed October 10, 1991, at Nashville)(direct appeal of convictions); Joe Glasgow, Jr. v. State, 01C01-9603-CC-00092, Davidson County (Tenn. Crim. App. filed September 30, 1997, at Nashville)(post-conviction). In the most recent opinion, this Court remanded to the post-conviction court to allow the petitioner an opportunity to show he had standing to challenge the search of a rental vehicle that led to the discovery of drugs. On remand, the post-conviction court determined that the petitioner had standing to challenge the search of his person and the search of his belongings in the rental vehicle, but did not have standing to challenge the search of his stepfather's luggage, in which over five grams of a Schedule II controlled substance was found. The petitioner now appeals. Finding no error, we affirm the post-conviction court's order. http://www.tba.org/tba_files/TCCA/Glasgowj_opn.WP6
STATE OF TENNESSEE VS. GLENNA KIDD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GLENNA KIDD (pro se) JOHN KNOX WALKUP P.O. Box 499 Attorney General & Reporter Shelbyville, TN 37162 GEORGIA BLYTHE FELNER Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 TOM P. THOMPSON, JR. District Attorney General 203 Greentop St., P.O. Box 178 Hartsville, TN 37074-0178 ROBERT N. HIBBETT Assistant District Attorney 119 College St. Lebanon, TN 37087 Judge:WITT First Paragraph: The defendant, Glenna Kidd, appeals from the Wilson County Criminal Court's entry of her guilty plea. On March 31, 1998, the defendant entered a best interest guilty plea to one count of passing a worthless check. The judge granted judicial diversion of one year pursuant to Tennessee Code Annotated section 40-35-313. On April 16, 1998, the defendant filed a pro se notice of appeal. In the defendant's brief, she asks this court to dismiss the charge against her. The defendant contends that she was coerced and threatened into signing a best interest guilty plea. Following a review of the record, the briefs of the parties, and the applicable law, we dismiss the appeal for lack of jurisdiction. http://www.tba.org/tba_files/TCCA/Kiddg_opn.WP6
STATE OF TENNESSEE VS. LEE LANCE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ELLERY HILL (DECEASED) (at trial) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter CHARLES M. CORN TODD R. KELLEY District Public Defender Assistant Attorney General 53-A Central Ave., P.O. Box 1453 425 Fifth Ave. N., 2d Floor Cleveland, TN 37364-1453 Nashville, TN 37243-0493 THOMAS E. KIMBALL (at trial) JERRY N. ESTES Assistant Public Defender District Attorney General 110 _ Washington Ave., NE Athens, TN 37303 SANDRA DONAGHY Assistant District Attorney GERALD L. GULLEY, JR. (on appeal) P.O. Box 647 Baker, McReynolds, Byrne, O'Kane, Athens, TN 37303-0647 Shea & Townsend 607 Market St., Eleventh Floor P.O. Box 1708 Knoxville, TN 37901-1708 Judge: WITT First Paragraph: The defendant, Lee Lance, appeals from his convictions of two counts of rape of a child and two counts of incest in the McMinn County Criminal Court. The trial court imposed an effective sentence of 25 years in confinement. In this direct appeal, the defendant raises three issues: I. Did the trial court improperly assist the state in proving all of the necessary elements of the offenses of rape of a child and incest, thereby violating the defendant's rights to a fair trial? II. Did the trial court unfairly prejudice the defendant by allowing the state to ask leading questions on its direct and redirect examinations of the alleged victim? III. Was the evidence sufficient to support a jury verdict of guilty on the charges of rape of a child and incest? After a review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Lancel_opn.WP6
STATE OF TENNESSEE VS. ERIC DEWAYNE MCELMORE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH JOHN KNOX WALKUP District Public Defender Attorney General and Reporter DONNA ROBINSON MILLER ELLEN H. POLLACK Asst District Public Defender Assistant Attorney General Suite 300-701 Cherry St. 425 Fifth Avenue North Chattanooga, TN 37402 Nashville, TN 37243 BILL COX District Attorney General C. CALDWELL HUCKABAY Assistant District Attorney 300 Market Street Chattanooga, TN 37402 Judge:SMITH First Paragraph: On January 14, 1997, Appellant Eric D. McElmore pled guilty to two counts of aggravated robbery. On April 3, 1997, Appellant pled guilty to another count of aggravated robbery and a number of counts involving other charges. After a sentencing hearing on May 29, 1997, the trial court sentenced Appellant as a Range I standard offender to a term of ten years for the first aggravated robbery and twelve years for the second aggravated robbery, with the sentences to run concurrently. The trial court also imposed a sentence of twelve years for the third aggravated robbery, with this sentence to run consecutively to the other two sentences. Appellant challenges all three of his aggravated robbery sentences, raising the following issues: 1) whether the trial court imposed excessive sentences; and 2) whether the trial court erred when it imposed consecutive sentencing. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Mcelmeri_opn.WP6
STATE OF TENNESSEE VS. ROBERT D. MERRITT, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Washington Square Two, Suite 418 Attorney General & Reporter 222 Second Avenue North Nashville, TN 37201 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. (TORRY) JOHNSON III District Attorney General NICHOLAS BAILEY Assistant District Attorney General 200 Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge:WILLIAMS First Paragraph: The defendant, Robert D. Merritt, pleaded guilty to especially aggravated robbery, a Class A felony. The trial court sentenced him as a range I offender to twenty-four years' confinement, to be served at one hundred percent. See Tenn. Code Ann. S 40-35-501(I)(1), (2)(E). The sole question presented for our review is whether this sentence is excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Merritrd_opn.WP6
STATE OF TENNESSEE VS. CHARLES JUSTIN OSBORNE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY C. COLLEY JOHN KNOX WALKUP P.O. Box 1476 Attorney General & Reporter Columbia, TN 38402-1476 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RONALD L. DAVIS District Attorney General DONALD W. SCHWENDIMANN Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WILLIAMS First Paragraph: The defendant, Charles Justin Osborne, was convicted of two counts of criminally negligent homicide and one count of reckless endangerment. The trial court sentenced him to two years on each count of criminally negligent homicide and to eleven months, twenty-nine days on the reckless endangerment, with all sentences to run consecutively. Of these sentences, the trial court ordered the defendant to serve one year's confinement, day-for-day, on count one and suspended the remaining balance of all sentences with supervised probation. The defendant argues (1) that these sentences are excessive; (2) that the trial court erred in ordering consecutive service; and (3) that the trial court erred in denying an alternative sentence, specifically full probation. Upon review, we REVERSE the imposition of consecutive sentencing and MODIFY the defendant's sentence to reduce his day-for-day confinement from one year to two hundred and nineteen days. In all other respects, we AFFIRM the judgment of the trail court. http://www.tba.org/tba_files/TCCA/Osborncj_opn.WP6
DERRICK SAWYERS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PAUL J. BRUNO PAUL G. SUMMERS Washington Square, Suite 350M Attorney General & Reporter 222 Second Ave., North Nashville, TN 37201 MARVIN E. CLEMENTS, JR. Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General LILA STATUM Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201 Judge:PEAY First Paragraph: The petitioner was charged with first-degree murder, possession of cocaine over .5 grams with the intent to sell, and possession of cocaine under .5 grams with the intent to sell. After negotiations, the petitioner entered into a plea agreement and pled guilty to second-degree murder and to the drug offenses as charged. On the second-degree murder charge, the trial court sentenced the petitioner as a violent offender to twenty-five years in prison at one hundred percent. On the drug charges, the trial court sentenced the petitioner as a Range I standard offender to a concurrent eight year prison sentence and a consecutive three year prison sentence, for an effective sentence of twenty-eight years. In May 1997, the petitioner filed a petition for post-conviction relief, alleging that he was denied effective assistance of counsel and that his guilty pleas were not knowingly, intelligently, and voluntarily made. Following a hearing, the post-conviction court denied the petitioner relief. The petitioner now appeals. Finding no error, we affirm the denial of relief. http://www.tba.org/tba_files/TCCA/Sawyersd_opn.WP6
JIMMY SILLS VS. STATE OF TENNESSEE & JACK MORGAN, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JIMMY SILLS JOHN KNOX WALKUP Pro Se Attorney General and Reporter Route #1 Only, TN 37140-9709 LUCIAN D. GEISE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOE D. BAUGH, JR. District Attorney General RONALD L. DAVIS Assistant District Attorney Williamson County Courthouse, G-6 Franklin, TN 37064 Judge:WELLES First Paragraph: In June 1985, a Hamilton County Grand Jury indicted Defendant for the first degree murder of Frank Bentley, Sr. by use of a firearm. On February 5, 1986, a jury convicted Defendant of first degree murder pursuant to Tennessee Code Annotated S 39-2-202(a), and use of a firearm during commission of a felony pursuant to S 39-6-1710(a)(1). Defendant challenged his convictions on direct appeal, and this Court determined that because "[m]urder in the first degree may be committed without the employment of a firearm," and because "there is no provision in law for enhancement of the punishment for murder in the first degree, T.C.A. 39-6-1710(a)(1) was properly applied." State v. Jimmy Sills, Hamilton Criminal No. 984, 1987 WL 5334, at *3 (Jan. 13, 1987) (previous opinion vacated and re-entered in full on January 30, 1990 by State v. Jimmy Sills, No. 1146, 1990 WL 5683 (Jan. 30, 1990)). http://www.tba.org/tba_files/TCCA/Sillsji_opn.WP6
STATE OF TENNESSEE VS. DONNIE RAY SISK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PHILIP A. CONDRA JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 12th Judicial District 200 Betsy Pack Drive CLINTON J. MORGAN P. O. Box 220 Counsel for the State Attorney General Jasper, TN 37347 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 JAMES MICHAEL TAYLOR District Attorney General BILL COPELAND STEPHEN BLOUNT Assistant District Attorneys General 324 Dinah Shore Blvd. Winchester, TN 37398 Judge:WILLIAMS First Paragraph: The defendant, Donnie Ray Sisk, appeals his Franklin County Circuit Court jury conviction of driving on revoked license, third offense, a misdemeanor offense. The jury imposed a fine of $500, and the trial court sentenced the defendant to eleven months, twenty-nine days, with forty-five days mandatory confinement. The defendant argues that the evidence was insufficient to support a finding of guilt. We AFFIRM the trial court's judgment. http://www.tba.org/tba_files/TCCA/Siskdr_opn.WP6
LARRY SNEED VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LARRY SNEED, pro se JOHN KNOX WALKUP 919 Myers Avenue Attorney General & Reporter Columbia, TN 38401 KAREN M. YACUZZO Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 T. MICHAEL BOTTOMS District Attorney General ROBERT C. SANDERS Assistant District Attorney General JESSE DURHAM Assistant District Attorney General P.O. Box 1619 Columbia, TN 38401-1619 Judge:WOODALL First Paragraph: The Petitioner, Larry Sneed, appeals as of right the trial court's dismissal of his petition for post-conviction relief. In this appeal, Petitioner contests the trial court's order rescinding its decision to expunge his record, and he claims that he was unaware of the nature of the charges against him when he entered his guilty plea. After a careful review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Sneedl_opn.WP6
STATE OF TENNESSEE VS. NORMAN SUTTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD CANTRELL MILLER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter SUSANNA LAWS THOMAS MICHAEL J. FAHEY, II Assistant Public Defender Assistant Attorney General 102 Mims Avenue 2nd Floor, Cordell Hull Building Newport, TN 37821-3614 425 Fifth Avenue North Nashville, TN 37243 AL C. SCHMUTZER, JR. District Attorney General WILLIAM BROWNLOW MARSH, II Assistant District Attorney General 339-A East Main Street Newport, TN 37321 Judge:WOODALL First Paragraph: The Defendant, Norman Sutton, appeals as of right following his sentencing hearing in the Cocke County Circuit Court. In a two-count indictment, Defendant was charged with two (2) counts of first degree murder for the deaths of Martha Williams, Defendant's sister, and Clinton Hance. Defendant entered a guilty plea to voluntary manslaughter on both counts. The Defendant's sole issue on appeal is the failure of the trial court to allow Defendant to serve an alternative sentence rather than incarceration. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Suttonn_opn.WP6
STATE OF TENNESSEE VS. VENSON TERRELL TAYLOR Court:TCCA Attorneys: FOR THE DEFENDANT: FOR THE APPELLEE: JOE R. JOHNSON, II JOHN KNOX WALKUP Law Offices of Larry D. Wilks Attorney General & Reporter 506 West Court Square Springfield, TN 37172 ELIZABETH H. MARNEY Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General DENT MORRIS Assistant District Attorney General 500 South Main Street Springfield, TN 37172 Judge:WILLIAMS First Paragraph: The defendant, Venson Terrell Taylor, was found guilty by jury verdict of theft over one thousand dollars, and the Circuit Court in Robertson County sentenced him to six years in the Tennessee Department of Correction. The trial court denied the defendant's motion for a new trial, and his subsequent appeal to this Court alleges insufficient evidence to support his conviction. We AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Taylorvt_opn.WP6
STATE OF TENNESSEE VS. WILLIAM B. THURBLEY Court:TCCA Attorneys: For the Appellant: For the Appellee: Edward C. Miller John Knox Walkup District Public Defender Attorney General of Tennessee P.O. Box 416 and Dandridge, TN 37725 Elizabeth B. Marney Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General and Steven Hawkins Assistant District Attorney General 301 Sevier County Courthouse Sevierville, TN 37862 Judge:TIPTON First Paragraph: The defendant, William B. Thurbley, appeals as of right following his convictions by a jury in the Sevier County Circuit Court for premeditated murder and felony murder committed in the perpetration of a kidnapping. The defendant was originally indicted, as well, for felony murder committed in the perpetration of a robbery, burglary or theft, but that charge was dismissed by the trial court at the close of proof. The defendant received life sentences for each conviction, but the trial court merged the convictions into one judgment to reflect one life sentence to be served in the custody of the Department of Correction. http://www.tba.org/tba_files/TCCA/Thurbley_opn.WP6
STATE OF TENNESSEE VS. ANGELA SUE TITUS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: N. ANDY MYRICK JOHN KNOX WALKUP 116 West Market St. Attorney General & Reporter Fayetteville, TN 37334 CLINTON J. MORGAN Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 MIKE McCOWN District Attorney General WEAKLEY E. BARNARD Asst. District Attorney General Marshall County Courthouse Suite 407 Lewisburg, TN 37901 Judge:PEAY First Paragraph: The defendant was charged with aggravated burglary, two counts of theft of more than one thousand dollars ($1000) but less than ten thousand dollars ($10,000), and two counts of criminal responsibility. When she entered an open plea of guilty to aggravated burglary and one count of theft, the remaining counts were dismissed. Following a sentencing hearing, the trial court sentenced her to five years imprisonment for aggravated burglary and three years imprisonment for theft, to run concurrently. The defendant now appeals, arguing that her sentence is excessive and that she is entitled to alternative sentencing. Finding no merit to her arguments, we affirm her sentences. http://www.tba.org/tba_files/TCCA/Titusas_opn.WP6
STATE OF TENNESSEE VS. RODERICK S. WILLIAMS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOSEPH L. HORNICK JOHN KNOX WALKUP 98 Church Street, Suite 1 Attorney General and Reporter Dickson, TN 37055 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 DAN ALSOBROOKS District Attorney General ROBERT WILSON Assistant District Attorney General P.O. Box 580 Charlotte, TN 37036 Judge:WELLES First Paragraph: The Defendant, Roderick S. Williams, appeals as of right from the trial court's order revoking his probation and remanding him to the Tennessee Department of Correction to serve his eight-year sentence in confinement for Class B theft of property. The Defendant contends that the trial court erred by revoking his probation when the court (1) based its determination solely on his failure to pay restitution, and (2) failed to find on the record that he willfully refused to make payments and that no suitable alternative to revocation existed. We agree, and we reverse the revocation of probation and remand this case to the trial court for reinstatement of the Defendant's probation. http://www.tba.org/tba_files/TCCA/Williars_opn.WP6
STATE OF TENNESSEE VS. TANIESE ANNETTE WILSON Court:TCCA Attorneys: FOR THE APPELLANT: FOREST A. DURARD, JR. 724 North Main St. P.O. Box 967 Shelbyville, TN 37160-0967 (At trial and on appeal) JEFFREY K. SECKLER 101 West Side Public Square P. O. Box 765 Shelbyville, TN 37162 (At trial) 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 C. MICHAEL LAYNE District Attorney General KENNETH SHELTON Assistant District Attorney General P.O. Box 147 Manchester, TN 37349-0147 Judge:RILEY First Paragraph: A Coffee County jury convicted defendant, Taniese Annette Wilson, of first- degree premeditated murder. She was sentenced to life imprisonment. On this appeal as of right, defendant raises the following issues: 1. whether the state committed prosecutorial misconduct during closing argument; 2. whether the trial court erred in admitting prior consistent statements of two witnesses; 3. whether the trial court erred in admitting the statement of a severed co-defendant; and 4. whether the evidence is sufficient to sustain her conviction. Upon our review of the record, we AFFIRM defendant's conviction. http://www.tba.org/tba_files/TCCA/Wilsonta_opn.WP6
STATE OF TENNESSEE VS. JAMES A. WOODS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES A. WOODS JOHN KNOX WALKUP 6090 Rock Creek Road Attorney General and Reporter Tullahoma, TN 37388 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 J. MICHAEL TAYLOR District Attorney General BILL COPELAND Assistant District Attorney General 324 Dinah Shore Boulevard Winchester, TN 37398 Judge:WELLES First Paragraph: The Defendant, James A. Woods, was found guilty by a Franklin County jury of the misdemeanor offenses of driving on a revoked license and failure to obey a police officer. In this appeal, he argues that his convictions violate his constitutional and legal rights in several regards. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Woodsja_opn.WP6

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