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Black v. State

Court of Criminal Appeals of Tennessee, Jackson

March 23, 2015

BRANNON BLAKE BLACK
v.
STATE OF TENNESSEE

Assigned on Briefs February 3, 2015

Appeal from the Circuit Court for Obion County No. CC-14-CR-1 William B. Acree, Judge

David L. Hamblen, Union City, Tennessee, for the Defendant-Appellant, Brannon Blake Black.

Robert E. Cooper, Attorney General and Reporter; Meredith DeVault, Senior Counsel; Thomas A. Thomas, District Attorney General; and Jim Cannon, Assistant District Attorney General, for the Appellee, State of Tennessee.

Camille R. McMullen, J., delivered the opinion of the court, in which John Everett Williams and Alan E. Glenn, JJ., joined.

OPINION

CAMILLE R. MCMULLEN, JUDGE

On January 18, 2013, the Petitioner entered a best-interest plea of guilty for rape of his 13-year-old half-sister, M.B.[1] Pursuant to the negotiated plea agreement, the Petitioner received a sentence of eight years' confinement at 100%, followed by community supervision for life.[2]

At the guilty plea hearing, the State summarized the underlying facts of the Petitioner's conviction as follows:

[O]n April 30, 2012[, ] . . . there were several actual sexual acts. The one that the State is relying upon in this [case] is of the penetration of the 13-year-old victim with the [Petitioner]'s tongue, which constitutes penetration, under the statute, which also constitutes the crime of rape. It would have been the [S]tate's proof in this matter . . . that this was used because of force or coercion, and that subsequent to that, [the victim] did flee the house and seek help from next door and actually reported this almost immediately, and then it was reported to law enforcement.

Following the State's recitation of the facts, the trial court informed the Petitioner that "the purpose of this hearing is for the [c]ourt to determine whether to accept [his] best interest plea to the crime of rape, " and to ensure that the Petitioner's plea is entered "knowingly and voluntarily[.]" The court told the Petitioner that he could consult with counsel at any point during the hearing, and the Petitioner indicated that he understood. The trial court and Petitioner then engaged in the following colloquy:

COURT: You have been charged with the crime of rape. Do you understand the nature of this charge?
PETITIONER: Yes, sir.
COURT: This is a Class B felony and you are being sentenced as a violent offender, which means your sentence of 8 years shall mean exactly that, you shall serve 8 years in the Tennessee Department of Correction[]. Do you understand that?
PETITIONER: Yes, sir.
. . .
COURT: You're not eligible for any early release or anything of that nature. Do ...

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