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Price v. State

Court of Criminal Appeals of Tennessee, Jackson

September 5, 2014

BARRY L. PRICE
v.
STATE OF TENNESSEE

Assigned on Briefs July 9, 2014

Direct Appeal from the Circuit Court for Madison County Nos. 89-955, 90-141, 90-494, 90-495, 90-496 Roy B. Morgan, Judge

Joseph T. Howell, Jackson, Tennessee, for the appellant, Barry L. Price.

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; James G. Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

John Everett Williams, J., delivered the opinion of the Court, in which Jerry L. Smith and Camille R. McMullen, JJ., joined.

OPINION

JOHN EVERETT WILLIAMS, JUDGE

Procedural History

On March 25, 1991, the petitioner pled guilty to multiple charges in three separate cases. He was sentenced to an effective sentence of ten years in the Department of Correction. At the guilty plea hearing, the court reviewed what offenses the petitioner was charged with, their classification, and possible sentencing ranges. Upon ascertaining that the petitioner wished to plead guilty, the court reviewed all the constitutional rights which the petitioner would be waiving by entering the plea. The petitioner responded that he understood the consequences of the plea and the possible sentencing ranges. With regard to the petitioner's constitutional rights, the trial court specifically stated on the record:

THE COURT: Do you understand if you plead guilty, you give up the following rights: The right to remain silent, not to make any statement that might incriminate you; the right to plead not guilty; the right to a trial by a jury, the trial will be speedy and public; the right to bring any witnesses you might have in court to testify for you; the right to require the State to prove your guilt beyond a reasonable doubt; and to appeal your conviction for these offenses.

The petitioner stated that he understood.

The court then stated:

THE COURT: You understand that this plea becomes a permanent part of your record and can be considered in fixing your punishment in any future charges that you might be convicted of?
THE [PETITIONER]: Yes, sir.
THE COURT: You realize that any prior criminal record you have can be considered in setting your punishment right now?
THE [PETITIONER]: Yes, sir.
THE COURT: You understand I will fix your punishment on your plea of guilty, and you may not withdraw your plea if I fail to accept the plea agreement made between the District Attorney and your lawyer. I will consider it. Do you?
THE [PETITIONER]: Yes, sir.
THE COURT: You realize that a guilty plea will not be accepted unless you're admitting every act of the offense which you are charged with.
THE [PETITIONER]: Yes, sir.
THE COURT: Ain't nobody pressured you?
THE [PETITIONER]: No, sir.
THE COUIRT: Are you entering this plea of your own free will?
[THE PETITIONER]: Yes, sir, to get the charges out of the way. Like on one charge I want to go ahead and take it to trial, but just to get all this out of the way and keep me ...

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