Opinion FlashDecember 26, 2002
Volume 8 Number 226
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. NKOBI I. DUNN WITH CONCURRING OPINION Court:TCCA Attorneys: Deborah Black Huskins, Assistant Public Defender, Johnson City, Tennessee, for the appellant, Nkobi I. Dunn. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; Steven R. Finney and Dennis Dwayne Brooks, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: Pursuant to the judicial diversion statute, the Defendant pled guilty to possession of drug paraphernalia, a Class A misdemeanor, and possession for resale of less than .5 grams of a Schedule II controlled substance, a Class C felony. The plea was entered pursuant to Tennessee Code Annotated S 40-35-313, otherwise referred to as judicial diversion, and the trial court placed the Defendant on probation for three years. Approximately six months later, a probation violation warrant was issued against the Defendant, alleging that he had tested positive for marijuana use. An amended probation violation warrant was subsequently filed, alleging that the Defendant had failed to make payments on court costs and had failed to pay child support, the latter being a special condition of probation. The Defendant pled guilty to violating his probation and the trial court revoked the Defendant's probation. Without conducting a sentencing hearing, the trial court entered judgments sentencing the Defendant to concurrent sentences of eleven months and twenty-nine days to serve in the county jail for the paraphernalia conviction and three years to serve in the Tennessee Department of Correction for the felony drug conviction. After reviewing the record, we reverse the judgments of the trial court and remand for a sentencing hearing. http://www.tba.org/tba_files/TCCA/dunnnkobil.wpd WITH CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/dunnnkobiI_con.wpd
STATE OF TENNESSEE v. FRANK GAITOR Court:TCCA Attorneys: Clifton R. Corker, Johnson City, Tennessee, for the Appellant, Frank Gaitor. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Steve Finney, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Frank Gaitor appeals from his Washington County Criminal Court convictions of Class B felony possession of 0.5 grams or more of cocaine with intent to sell and misdemeanor simple possession of marijuana. He is presently serving an effective 22-year sentence as a Persistent Offender for these crimes. In this direct appeal, he raises numerous challenges to the firmity of the conviction proceedings. Upon examination, however, none of these claims warrant relief. Thus, we affirm. http://www.tba.org/tba_files/TCCA/gaitorfrank.wpd
STATE OF TENNESSEE v. OTIS LEE PRICE Court:TCCA Attorneys: Amber D. Haas, Assistant Public Defender, Newport, Tennessee, for the appellant, Otis Lee Price. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Cocke County jury convicted the Defendant of attempted burglary, and the trial court sentenced the Defendant to three years incarceration. The Defendant now appeals, arguing that insufficient evidence was presented at trial to convict him of attempted burglary. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/priceol.wpd
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