State of Tennessee v. Matthew Anthony Perry, E2020-00911-CCA-R3-CD

Late-night drive-by shooting at the Johnsons’ home on Dec. 28, 2017; defendant Mathew Perry and Brittany Arnold approached the driveway and exchanged gunfire with homeowner Christopher Johnson.
Deputies stopped a truck matching the description; officers recovered a purple 9mm SCCY pistol (unloaded) and a magazine from the glove compartment; no loose rounds were found in the vehicle.
Forensic testing: DNA from a reddish-brown stain on the pistol’s slide matched Perry; two shell casings recovered at the scene were ballistically matched to that pistol; Arnold’s gunshot-residue test indicated she could have fired or been near a fired gun.
Perry admitted prior felonies (about 14 convictions) and handling/unloading the gun after the shooting; he was acquitted on multiple reckless-endangerment counts but convicted of unlawful possession of a firearm by a convicted felon.
Trial court sentenced Perry to 15 years as a Range II multiple offender; Perry appealed arguing (1) the State’s enhancement notice was deficient and (2) a mistrial was warranted because of alleged improper testimony; the Court of Criminal Appeals affirmed but remanded to ensure judgement forms were entered for each count.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Perry)	Held
Adequacy of State's notice of intent to seek enhanced punishment / classification as Range II offender	Notice substantially complied with Sentencing Act; even if ambiguous, defendant must show prejudice; sentencing within statutory range	Notice was deficient: combined with impeachment notice, lacked precise conviction detail, failed to cite Tenn. Code Ann. § 40-35-202, failed to explain Florida convictions' relation to TN, and didn't state which range sought	Affirmed. Defendant waived sentencing-transcript-based challenge by failing to include sentencing hearing transcript; record shows notice listed 14 prior felonies with dates and punishments and trial court properly sentenced within Range II (15 years)
Alleged improper testimony by Deputy Woodard (statement Perry fired guns at girlfriend’s house) — motion for mistrial	Issue waived: no contemporaneous objection or mistrial request; defendant admitted tactical choice not to object; plain-error relief unavailable	Testimony inserted impermissible propensity/evidence and prejudiced jury; a mistrial was required	Affirmed. Issue waived; defendant conceded tactical waiver so criteria for plain error not satisfied; merits do not warrant relief (defendant had admitted handling the gun)
Missing judgment forms for acquitted counts	N/A (court observed the record deficiency)	N/A	Remanded for the sole purpose of ensuring judgment forms entered for each count of the indictment

State v. Patterson, 538 S.W.3d 431 (Tenn. 2017) (requirement that State give notice to seek enhanced sentence and guidance on substantial compliance)
State v. Benham, 113 S.W.3d 702 (Tenn. 2003) (prefer separate, properly captioned enhancement notices rather than embedding in unrelated filings)
State v. Adams, 788 S.W.2d 557 (Tenn. 1990) (State bears initial burden to assert appropriate sentencing status; may not file an essentially empty notice)
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998) (failure to include necessary transcript materials on appeal may waive review of sentencing issues)
State v. Berry, 503 S.W.3d 360 (Tenn. 2015) (trial court must enter judgment reflecting jury verdicts, including not-guilty outcomes)
State v. Adkisson, 899 S.W.2d 626 (Tenn. Crim. App. 1994) (plain-error review criteria)
State v. Martin, 505 S.W.3d 492 (Tenn. 2016) (discussion of plain-error standard and application)
State v. Hester, 324 S.W.3d 1 (Tenn. 2010) (plain-error doctrine guidance)
State v. Johnson, 970 S.W.2d 500 (Tenn. Crim. App. 1996) (issues raised for first time on appeal are waived)