On appeal, Defendant asserts that the trial court erred in denying his motion to withdraw his guilty pleas because the trial court, defense counsel, and prosecutor were all under the mistaken impression at the guilty plea submission hearing that Defendant was facing a sentence of twelve years as a career offender for Class D Felony theft, rather than six years for a Class E felony theft, because the value of theft statute, Tennessee Code Annotated section , became effective January 1, , before the date of his original sentencing hearing.
The Defendant-Appellant, Joseph L. Upon our review, we reverse and remand count eight for a new trial because felony reckless endangerment is not a lesser included offense of attempted first degree murder. In all other respects, the judgments of the trial court are affirmed. Aggrieved of his Davidson County Criminal Court jury convictions of one count of felony murder in the perpetration of aggravated child neglect, one count of the facilitation of felony murder in the perpetration of aggravated child abuse, three counts of aggravated child abuse, one count of aggravated child neglect, and one count of the facilitation of aggravated child abuse, the defendant, Donald Lee Harris, appeals.
We find no error in the sentencing decisions of the trial court. Because dual convictions of aggravated child abuse in Counts 2 and 3 violate double jeopardy principles, those convictions must be merged. The case is remanded for a new trial on the offense of aggravated child abuse in Count 6 and for the entry of corrected judgment forms reflecting the merger of Counts 2 and 3.
On appeal, the Appellant contends that the trial court erred by allowing the State to reopen its proof after he moved for a judgment of acquittal and by sentencing him as a career offender. Discerning no error, we affirm the denial of post-conviction relief. The Appellant, David Mitchell Bentley, pled guilty in the Davidson County Criminal Court to reckless aggravated assault, a Class D felony, and leaving the scene of an accident resulting in injury, a Class A misdemeanor.
After a sentencing hearing, the trial court ordered that he serve consecutive sentences of three years and eleven months, twenty-nine days, respectively, in confinement. On appeal, the Appellant contends that we should remand this case to the trial court for a new sentencing hearing. In the alternative, he contends that the trial court improperly enhanced his felony sentence and failed to apply mitigating factors, that the trial court erred by ordering consecutive sentencing, and that the trial court erred by ordering that he serve his sentences in continuous confinement.
Accordingly, the judgment of the trial court is reversed, and the case is remanded to the trial court. On appeal, he argues that the evidence was insufficient to sustain the conviction for aggravated child abuse; the trial court erred by not suppressing his text messages and statement to police; the trial court erred by allowing a forensic pathologist to testify regarding matters not within her expertise; he should have been sentenced as an especially mitigated offender; and the conviction for aggravated child abuse should be reversed because of cumulative errors that occurred during the trial.
We have reviewed the record in this matter and conclude that the issues raised by the Defendant are without merit. Accordingly, we affirm the judgments of the trial court. State v. Christina Jones Thomas, No. App July 14, , perm.
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The trial court denied relief by written order, which the Petitioner now appeals. In addition, the Petitioner also argues that she is entitled to a second postconviction hearing because post-conviction counsel was suspended from the practice of law by the Tennessee Supreme Court shortly after the post-conviction hearing. Following our review, we affirm. On appeal, he contends that the trial court erred by not sentencing him to the minimum punishment in the range, eight years, for the offenses, Class B felonies.
Six months into his sentence, the trial court issued a violation of community corrections warrant, which alleged that Defendant had tested positive for cocaine. Following a hearing, the trial court found that Defendant had violated the terms of his community corrections sentence. The Petitioner, Dearick Stokes, was denied post-conviction relief from his convictions for felony murder and attempted especially aggravated robbery and his effective life sentence. After review, we affirm the judgment of the trial court. Defendant, Kenneth R. The State responds that the appeal should be dismissed because it was untimely filed and that the sentence is legal.
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However, we remand the matter to the trial court for correction of a clerical error on the corrected judgment form for Count Three. The Petitioners contend that the post-conviction court erred by summarily dismissing their petitions for relief and motions to reconsider because 1 they received the ineffective assistance of trial counsel and 2 the trial court erred by denying their respective motions to suppress cell phone evidence at the trial. We affirm the judgments of the post-conviction court. The Defendant contends that the trial court abused its discretion by ordering his sentence into execution.
The only difference of opinion involved the pace of her progress. Conversely, Central Arkansas coach Shandra Rushing saw a lot of pep in Friday, November 8, Breaking News. Jason Ryan Fain was found guilty of possessing videos and images depicting the sexual abuse of young children.
Linda Paolini pleaded guilty to two counts of manufacturing and attempted manufacturing of child pornography.
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Austin Pratt was charged with enticement of a minor and production of child pornography. Daniel Wayne Benner of Orangevale has been charged with distribution of child pornography. Sean Dean of Baltimore pleaded guilty to conspiracy to engage in sex trafficking of a minor.
Tyler Ulm, a Dayton registered sex offender, has pleaded guilty to producing child pornography through the sexual abuse of two toddlers. Darren M. Kamnitzer was sentenced to 25 years in prison for producing child pornography. Evan Burgess was sentenced to more than six years in prison for engaging in illicit sexual conduct with two minors who were his karate students. William Barratt admitted that he used his cell phone and computer to receive images and videos of child pornography from the Internet.
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Shea Smith of Fort Wayne received 78 months in prison upon his plea of guilty of receipt of material depicting the sexual exploitation of minors. Scott Trischler of Fort Wayne, Indiana, received months in prison upon his plea of guilty of sexual exploitation of a minor. Jeremiah Lynn Renville, Jr. Phillip Little Hoop of Rosebud, South Dakota, has been indicted by a federal grand jury for aggravated sexual abuse of a child.
Lawrence Halamek was sentenced to 35 years in prison followed by lifetime supervised release for picking up a minor child and transporting them to a remote area with intent to commit sexual assault.
Christopher James Preston was sentenced to months in prison, followed by lifetime supervised release, on two counts of aggravated sexual abuse of a child. Scott David Cohen was arrested and charged by federal criminal complaint with multiple child sexual exploitation offenses. John A. Swayze of York County, was indicted on October 23, , by a federal grand jury on child exploitation charges. Robert Wilfred Boevingloh of Sullivan, Missouri, pleaded guilty to one of count of receipt of child pornography.
Kyle Brackman of Delta, Ohio, has been indicted for attempting to coerce a year-old girl into sexual conduct. Clifford William John Youpee of Poplar received 10 years and one month in prison for sexually abusing a teenage girl and burning down a house. James Edward Snell, Jr.
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Rogelio Hernandez Rodriguez of Wagoner has been found guilty of sexual exploitation of a child and of possession of child pornography. Michael Frost, who was previously convicted and served a sentence for possession of child pornography, has been sentenced for child pornography. Gary Ryan of Clifton Park has been indicted on charges of aggravated sexual abuse of a minor younger than years-old, and other related crimes. Jordan Frederic Schemmel, a former high school teacher, received nine years and two months in prison for distributing depictions of child sexual abuse over the Internet.
Rowell Flora, a former U.
Air Force Staff Sergeant, received 40 years in federal prison for receipt and distribution of child pornography. Christopher Morrison of Bellevue received four years' imprisonment on his conviction of possession of child pornography. Walter Brown of Ware pleaded guilty in Springfield after being charged with sexual exploitation charges. William Timothy Hopmeier of Des Peres received 15 years in prison for his involvement in production of child pornography.