Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs January 6, 2015 at Jackson.
Appeal from the Circuit Court for Bedford County No. 2013-CR-17684 Forest Durard, Judge.
Michael J. Collins, Assistant Public Defender, for the Defendant-Appellant, Jeremiah Thomas Sullivan.
Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Robert James Carter, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the court, in which Camille R. McMullen and Roger A. Page, JJ., joined.
ALAN E. GLENN, JUDGE.
At the guilty plea hearing, the prosecutor recited the facts upon which the State would have relied had the case proceeded to trial:
The factual basis is that in the early morning hours of March 5th of this year, a [woman] contacted the Sheriff's Department because she had been receiving text messages from what was then an unknown person, but the known cell phone number and text messages were mentioning that the sender wanted to have sex with [the woman] and her daughter who – and I believe even her son – and the daughter was seven years of age.
The son is also a minor.
The sender also requested that [the woman] send nude photographs of her children.
The sender also asked if [the woman] would be interested in receiving nude photographs of persons who the sender identified as his niece and his daughter.
[The woman] came to the Sheriff's Department and showed what was on her phone.
The sender did send three photographs, two depicted young females, possibly as young as three or four years of age, in a state of nudity, with their genitals exposed. One was a ...