Opinion FlashSeptember 13, 2002
Volume 8 Number 160
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
STATE OF TENNESSEE v. CARLOS BIERNER Court:TCCA Attorneys: Mack Garner, District Public Defender, Maryville, Tennessee for the appellant, Carlos Bierner. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Michael L. Flynn, District Attorney General; and William R. Reed, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Carlos Bierner, was charged with aggravated sexual battery. After his trial had commenced, but prior to its conclusion, Defendant entered a plea of guilty to the lesser charge of attempted aggravated sexual battery, a Class C felony. In accordance with the negotiated plea agreement, Defendant received a sentence of eight years, as a multiple Range II offender, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied probation or any other form of alternative sentencing and ordered that Defendant serve the eight years in confinement, at thirty-five percent eligibility. In this appeal, Defendant argues that the trial court erred by ordering a sentence of continuous confinement. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/biernercarlos.wpd
STATE OF TENNESSEE v. WILLIAM R. MCLEOD, JR. Court:TCCA Attorneys: Judson W. Phillips, Franklin, Tennessee, for the appellant, William R. McLeod, Jr. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon T. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, William R. McLeod, Jr., pled guilty in the Williamson County Circuit Court to two counts of aggravated sexual battery, a Class B felony. Pursuant to the plea agreement, the defendant received an eight-year sentence for each conviction with the issue of concurrent or consecutive sentencing to be decided by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his sentences consecutively for an effective sentence of sixteen years in the Tennessee Department of Correction. The defendant appeals, claiming that the trial court erred in ordering consecutive sentences. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/mcleodwilliamr.wpd
STATE OF TENNESSEE v. EARLEY STORY Court:TCCA Attorneys: Judson W. Phillips, Franklin, Tennessee, for the appellant, William R. McLeod, Jr. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon T. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Earley Story, was convicted in the Shelby County Criminal Court of one count of selling not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony. The appellant was sentenced to one year of incarceration in the Shelby County Jail, which sentence was immediately probated. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in failing to conduct a hearing on the appellant's pro se motion alleging a failure to afford him a speedy trial; (2) whether the trial court wrongly forced the appellant to trial with unwanted counsel, which counsel were appointed without any evidence that the appellant was unable to employ counsel of his choosing; and (3) whether the trial court erred in admitting purported transcripts of tape recordings. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/storye.wpd
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