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Posted by: Tanja Trezise on Nov 30, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

William Michael Thorne (on appeal), Lexington, Tennessee; and Gregory M. Minton and J. Daniel Rogers (at trial and plea hearing), Trenton, Tennessee, for the appellant, Susan Michelle Barnett.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Garry Brown, District Attorney General; and Matt Hooper and Stephanie J. Hale, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Susan Michelle Barnett (“the Defendant”) was convicted after a jury trial of aggravated assault, two counts of misdemeanor assault, and unauthorized use of an automobile in Gibson County Circuit Court case no. 17702. The trial court sentenced the Defendant as a Range I, standard offender to an effective sentence of six years. The trial court ordered the Defendant to serve her six-year sentence consecutively to a previous sentence. On the date of the sentencing hearing in case no. 17702, the Defendant also pleaded guilty to failure to appear in Gibson County Circuit Court case no. 18191 and was sentenced as a Range I, standard offender to one year, to be served consecutively to her six-year sentence. Thereafter, the Defendant attempted to appeal both cases. Having determined that we lack jurisdiction in case no. 17702, we dismiss that appeal. We also dismiss the appeal in case no. 18191 because the notice of appeal was untimely filed, and the Defendant is not entitled to appeal her guilty plea pursuant to Tennessee Rule of Appellate Procedure 3(b) and Tennessee Rule of Criminal Procedure 37(b).