Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs November 18, 2014
Appeal from the Criminal Court for Johnson County No. CC14CV25Stacy L. Street, Judge
Justin Rashad Forrest, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel, for the appellee, State of Tennessee.
John Everett Williams, J., delivered the opinion of the Court, in which Robert W. Wedemeyer and Timothy L. Easter, JJ., joined.
JOHN EVERETT WILLIAMS, JUDGE
I. Facts and Procedural History
On August 22, 2007, the petitioner pled guilty in federal court to the charge of being a felon in possession of a firearm and received a twenty-two year sentence. On January 14, 2008, the petitioner pled guilty in the Circuit Court of Madison County to one count of especially aggravated kidnapping, two counts of especially aggravated robbery, three counts of aggravated robbery, two counts of aggravated burglary, one countof theftof propertyover $1, 000.00, and one count of simple possession of marijuana, charges stemming from three different cases, and received an effective sentence of fifteen years. Pursuant to his plea agreement, the petitioner's state sentence was to be served concurrently with his federal sentence. At the sentencing hearing, the following exchange occurred between the trial court and the petitioner:
Q And the sentences today, it's the intent that they be concurrent with your federal case. That's the agreement. I can't promise you what the Federal court will do, but I will tell you today that these sentences that I'm imposing on you as part of your plea agreement as far as the State court is concerned are to be concurrent with your federal sentence. You understand that?
A Yes, sir.
Q I cannot promise you when you're going back to federal custody or how the Federal Court or Federal Judge will treat these state sentences. Do you understand that?
A Yes, sir.
A Yeah, I got to ask you something. I already got my time for the Federal Court. I got 22 years over there. So now that I done took this plea, I'm gonna be through with this. ...