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State v. Barefoot

Court of Criminal Appeals of Tennessee, Nashville

January 28, 2015

STATE OF TENNESSEE
v.
RICHARD BAREFOOT

Assigned on Briefs December 16, 2014

Direct Appeal from the Criminal Court for Sumner County No. 383-2011 Dee David Gay, Judge

Lawren B. Lassister, Gallatin, Tennessee, for the appellant, Richard Barefoot.

Herbert H. Slatery, III, Attorney General and Reporter; Rachel Willis, Senior Counsel; Lawrence Ray Whitley, District Attorney General; and Thomas Boone Dean, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert W. Wedemeyer, J., delivered the opinion of the court in which Thomas T. Woodall, P.J., and John Everett Williams, J., joined.

OPINION

ROBERT W. WEDEMEYER, JUDGE

I. Facts

This case arises from the Defendant fraudulently obtaining credit cards by using multiple victims' information and using those credit cards to purchase goods and services. On May 5, 2011, a Sumner County grand jury indicted the Defendant for eleven counts of identity theft, six counts of fraudulent use of a credit card, two counts of money laundering, and one count of theft over $1, 000. The allegations against the Defendant were summarized in the affidavit in support of probable cause as follows:

[O]n the 27th of September, 2007, [Officer Shirley Forrest] and Detective Lisa House with the Sumner County Sheriff's Office began investigation into a series of identity theft and credit card fraud cases involving numerous victims in the Goodlettsville and Hendersonville areas. . . . The victims reported that their personal information has been accessed and used to obtain fraudulent credit cards in their names. These credit cards were then used to obtain goods and services, with charges often in excess of $1000.00 and as a high as $25, 000.00. Several of the victims reported that U.S. [M]ail had apparently been stolen from their mailboxes . . . and used to facilitate the identity thefts and credit card frauds.
Security video was obtained from several of the stores and banks where the fraudulent transactions occurred, showing the same white male involved in numerous transactions. Through investigation, the white male was eventually identified as [the Defendant]. Major Don Linzy with the Sumner County Sheriff's Office and Agent Kevin Raih with the U.S. Marshal's Service arrested [the Defendant] on 3-18-2008 in Bellevue, Kentucky. [The Defendant] confessed to the crimes of identity theft and credit card fraud and gave written consent to search his premises. The Sony USB stick was located in a black briefcase belonging to [the Defendant]. Anticipated Federal prosecution of [the Defendant] ultimately did not materialize.

Although unclear from the record, it appears that the Defendant was arrested by federal authorities in Kentucky at some point following the Sumner County indictment. On January 11, 2012, the Defendant sent a request pursuant to the Interstate Agreement on Detainers for disposition of his charges in Sumner County. On February 3, 2012, the District Attorney's Office sent a reply letter acknowledging receipt of the Defendant's request on January 23, 2012, and stating that the office intended to acquire custody of the Defendant on February 15, 2012.

The record indicates that the Defendant was removed from the federal facility by the Sumner County District Attorney's Office on February 15, 2012. On May 25, 2012, an official from the Kentucky federal facility notified the Sumner County Jail, where the Defendant was being held, that the Defendant's "federal sentence was satisfied via Full Term Release" and stated that the Defendant, having "completed his federal sentence obligation, should not be returned" to the federal facility in Kentucky.

On June 8, 2012, the Defendant filed a motion to "order the State to comply with their statutory and contractual obligations" pursuant to the Interstate Agreement on Detainers, codified in Tennessee Code Annotated section 40-31-101 et. seq. (2014) (hereinafter "IAD"). In his motion, the Defendant argued that he had "initiated the provisions of the IAD, " and, thus, the 180-day time limit was in effect for the disposition of his case, thereby making July 9, 2012, the deadline for a final disposition. The Defendant requested that the trial court "order the State to fulfill the obligations of the [IAD] contract and [] reject the State's contention that the [180] time limit no longer applies in this case." A hearing was held on June 14, 2012, following which the trial court issued an order denying the Defendant's motion and stating that "when the Defendant's federal sentence expired on May 25, 2012, the purpose of the [IAD], as it pertained to the Defendant, ceased and consequently released the State from any obligation imposed by the [IAD]."

On October 23, 2013, the Defendant filed a motion to dismiss the Sumner County indictment, arguing that he had been in the custody of the Sumner County Sheriff's office for 20 months without standing trial in violation of the 180 period proscribed by the IAD. The Defendant cited State v. Springer, 406 S.W.3d 526 (Tenn. 2013) in support of his contention that there were "no exceptions" to the IAD, and, thus, the trial court's ruling that the State had been released from compliance with the IAD upon the expiration of the Defendant's federal sentence was error. A hearing was held on October 31, 2013, following which the trial court issued an order denying the Defendant's motion to dismiss. The trial court made the following statement:

[State v.] Springer stands for when a term of imprisonment begins. The issue [in this case] is when does it end. And I think the law was ...

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