| STATE OF TENNESSEE v. DARRYL J. LEINART, II
Paul G. Summers, Attorney General & Reporter; David E. Coenen, Assistant Attorney General;James N. Ramsey, District Attorney General; Jan Hicks, Assistant District Attorneys General, for the appellant, State of Tennessee.
Roger A. Miller, Clinton, Tennessee, for the appellee, Darryl J. Leinart, II
The defendant, Darryl J. Leinart, II, was indicted on one (1) count of possession of marijuanaand one (1) count of possession of drug paraphernalia. The defendant filed a motion to suppress the evidence against him contending that the warrantless search of his residence was illegal. Thetrial court granted the motion to suppress and the State filed this appeal. We find the State failed to carry its burden in the trial court of proving that the warrantless search of the defendantāsresidence was valid. The judgment of the trial court is therefore affirmed.
JAMES M. LOVEDAY v. STATE OF TENNESSEE
James R. Hickman, Jr., Sevierville, Tennessee, for the appellant, Richard R. Vance.
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant AttorneyGeneral; Al C. Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee.
The petitioner, James M. Loveday, appeals the dismissal of his petition for post-conviction relief,arguing that the post-conviction court erred in finding he received the effective assistance of trial counsel. Because the record reveals that the petitioner filed his petition outside the one-yearstatue of limitations, we conclude that this case is not properly before this court. Accordingly, we dismiss the appeal for lack of jurisdiction.
STATE OF TENNESSEE v. JEROME HESTER ROBINSON
Julie A. Rice, Knoxville, Tennessee (on appeal), and Stacy D. Nordquist, Assistant DistrictPublic Defender (at trial), for the appellant, Jerome Hester Robinson.
Paul G. Summers, Attorney General & Reporter; David E. Coenen, Assistant Attorney General;and Mike Gallegos, Assistant District Attorney General, for the appellee, State of Tennessee.
The defendant, Jerome Hester Robinson, was convicted of delivery of less than 0.5 grams ofcocaine. See Tenn. Code Ann. ¤ 39-17-417 (2003). The trial court imposed a three-year sentence, with nine months to be served in jail and the remainder in a community correctionsprogram. Following a revocation hearing based upon violations of the terms of his sentence, the trial court increased his three-year sentence to a Range I five-year sentence. The defendant wasordered to serve one hundred and twenty additional days in jail. In this appeal as of right, the defendant argues that the trial court erred by increasing his sentence from three years to fiveyears. The judgment is affirmed.
STATE OF TENNESSEE v. ALETA RENEE SOUDER
Stephen M. Wallace, District Public Defender; and Joe Harrison, Assistant Public Defender, for the Appellant, Aleta Renee Souder.
Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph E. Perrin, Assistant District Attorney General, for the Appellee, State of Tennessee.
The defendant, Aleta Renee Souder, appeals her Sullivan County effective incarcerative sentence of 18 months on her guilty-pleaded convictions for possession of more than one-half ounce of marijuana for resale, a Class E felony, two counts of possession of drug paraphernalia, a Class A misdemeanor, and unlawful possession of a switchblade knife, a Class A misdemeanor. The defendant had sought a probationary sentence or some form of alternative sentencing, which the trial court rejected. Our review of the record discloses no basis to disturb the trial courtās sentencing decision, and we affirm the judgments.