Assigned on Briefs August 05, 2014
Appeal from the Criminal Court for Shelby County No. 1101634 Lee V. Coffee, Judge.
Lance R. Chism, Memphis, Tennessee, for the appellant, Markhayle Jackson.
Herbert H. Slatery, III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Ray Lepone, Jennifer Nichols, and Sam Winnig, Assistant District Attorneys General, for the appellee, State of Tennessee.
Thomas T. Woodall, P.J., delivered the opinion of the Court, in which Alan E. Glenn and Roger A. Page, JJ., joined.
THOMAS T. WOODALL, PRESIDING JUDGE
Guilty Plea Submission Hearing
The facts of Petitioner's case as recited by the State at the guilty plea submission hearing are as follows:
[O]n December 14th, 2009, at approximately 3:30 p.m., Kelvin Cooper was at 3477 Parkwin, Apartment 104, here in Memphis, Shelby County, Tennessee.
He had been set on fire. He was alive when the police got there. There were several residents in this apartment complex that saw him get out of a trunk of a car that was on fire.
When he got out of the vehicle, he was on fire.
They attempted to put him out.
He did succumb to those injuries. He died of thermal injuries on December 15th, 2009.
The Memphis Police Department investigation revealed that there were three suspects involved in this brutal homicide.
[Defendant], Dewoyne Gw[y]nn and Chronda Walker.
The investigation revealed that Miss Walker had a prior relationship with this victim. Lured him over to an apartment complex in Bridgeway Apartments.
At that point, [Defendant] and Dewoyne Gw[y]nn abducted him and kidnapped him, held him at gunpoint, beat him, made him strip down to nothing. Took his money and his cell phone.
They marched him out to his own vehicle and put him in the back or put him in the trunk of his own vehicle, at which time [Dewoyne] Gw[y]nn got into the driver's seat, [Defendant] got into the passenger seat.
Before they left that location, the proof would have shown, Your Honor, that [Defendant] went to a gas station around the corner.
He was seen on video. This is video that we would have produced at the trial. Where he was in the victim's vehicle and he got out a gas can and filled it up with gas at that gas station and put the gas can back into the vehicle, at which time, when the victim Kelvin Cooper was in the trunk, they drove him around to an apartment complex, got out of the vehicle. Mr. Cooper, according to the defendant's ...