Assigned on Briefs December 2, 2014
Appeal from the Criminal Court for Shelby County No. 11-05488 James C. Beasley, Jr., Judge
Mitchell W. Wood (on appeal) and Brent Heilig (at post-conviction hearing), Memphis, Tennessee, for the appellant, Willie Moore.
Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Joshua Corman, Assistant District Attorney General, for the appellee, State of Tennessee.
Roger A. Page, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.
ROGER A. PAGE, JUDGE
A. Guilty Plea Submission Hearing
At the August 7, 2012 guilty plea submission hearing, the parties agreed that petitioner would be sentenced as a persistent offender at forty-five percent release eligibility, that all eleven-year sentences would be served concurrently, and that petitioner would seek alternative sentencing in a separate hearing. The facts underlying the guilty plea were submitted by the State as follows:
[Petitioner] used . . . Julian Carter's information while he obtained a Sears credit card and Discover credit card and then had the cards mailed to [petitioner's address].
[Petitioner] then used the Sears credit card and the affiant's information including the name, date of birth, social security numbers to make purchases totaling over [$5, 000] to different Sears stores . . . .
On February 2, 2011, [petitioner] used the Discover card in affiant's . . . name . . . to make an auto purchase at Bugg's Buggys . . . [Petitioner] did buy a 2001 Ford F150 silver vehicle for $5, 407.39 from Daniel Bugg.
[Petitioner] was picked out of a photo lineup by Mr. Edwards as the individual posing as Julian Carter presenting a Tennessee driver's license in the name of Julian Carter but with the photo of [petitioner] on it to purchase a Ford truck.
Following this recitation of the facts, the trial court reminded trial counsel that petitioner could not receive probation on an eleven-year sentence. Trial counsel responded, "I guess I'm asking for Community Corrections then."
During the plea colloquy, the trial court asked petitioner if he signed the plea agreement and if trial counsel reviewed the terms with him, to which petitioner responded affirmatively. When asked, petitioner stated that he was pleading guilty to identity theft and forgery and was being sentenced to eleven years at thirty-five percent. He said that he understood "part" of the plea agreement and acknowledged that he understood his rights with respect to a trial. Petitioner offered, "[T]he only reason I pleaded was for community correction, give me another chance at life . . . ."
C. Sentencing Hearing
At the beginning of the sentencing hearing, the trial court and petitioner engaged in the following exchange:
Court: Just for the purpose of being clear, do you understand . . .you've already plead[ed] guilty to the counts as charged in this matter?
Court: You did that of your own free will and accord?
Court: And nobody forced or made you do it?
The hearing then continued, after which the trial court denied an ...