Assigned on Briefs August 5, 2014
Appeal from the Criminal Court for Shelby County No. 10-03281 Glenn Wright, Judge.
Sean H. Muizers, Memphis, Tennessee, for the appellant, Derrick Taylor.
Herbert H. Slatery, III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Rachel Russell, Assistant District Attorney General, for the appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the Court, in which Thomas T. Woodall, P.J., and Roger A. Page, J., joined.
ALAN E. GLENN, JUDGE
On May 11, 2010, the Shelby County Grand Jury returned a four-count indictment charging the petitioner with possession of .5 grams or more of cocaine with the intent to sell, possession of .5 grams or more of cocaine with the intent to deliver, possessing a firearm during the commission of a dangerous felony, and possession of marijuana. On November 2, 2011, the petitioner pled guilty in the Shelby County Criminal Court to possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class B felony, and possession of a firearm during the commission of a dangerous felony, a Class C felony. Pursuant to the terms of his negotiated plea agreement, the petitioner was sentenced as a Range I, standard offender to eight years for the possession of cocaine count and to three years at 100% for the firearms count, with the sentences to be served consecutively, for an effective sentence of eleven years in the Department of Correction. The remaining two counts of the indictment were nolle prosequied.
At the guilty plea hearing, the prosecutor recited the factual basis for the pleas:
And Your Honor, had these cases gone to trial, the facts essentially would have been as follows:
As to the drug case, October the 15th [of] 2009 about 7:20 p.m. organized crime officers with the Memphis Police Department executed a search warrant at 1508 Raynor in Memphis Shelby County.
They announced their presence. The officers then had to force their way into the house. They found [the petitioner] inside. There were some other individuals inside.
They also found an SKS rifle with a certain serial number.
They continued the search. They found [the petitioner] in a rear bedroom closet hiding. When [the petitioner] walked out of the closet, he was seen to drop a clear plastic bag which contained two bags of what appeared to be and tested positive for marijuana and four bags of what appeared to be and tested positive for crack cocaine along with a black ...