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McMahon v. State

Court of Criminal Appeals of Tennessee, Nashville

June 17, 2015

KARLOS D. MCMAHON
v.
STATE OF TENNESSEE

Assigned on Briefs May 13, 2015

Appeal from the Circuit Court for Bedford County No. 17733 Forest A. Durard, Jr., Judge

Roger Clay Parker, Shelbyville, Tennessee, for the appellant, Karlos D. McMahon.

Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Robert Carter, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert L. Holloway, Jr., J., delivered the opinion of the Court, in which James Curwood Witt, Jr., and Robert H. Montgomery, Jr., JJ., joined.

OPINION

ROBERT L. HOLLOWAY, JR., JUDGE

Factual and Procedural Background

Plea Submission Hearing

This case involved one indictment in case number 17268 and one criminal information in case number 17478 filed against the Petitioner after the Petitioner participated in several controlled drug buys.[1] The Petitioner was represented by different counsel in each case. Before entering the guilty pleas, the trial court conducted a plea colloquy with the Petitioner, and the Petitioner indicated that he understood his rights but wished to waive them and enter the guilty pleas. The Petitioner also affirmed that he did not have any complaints about the way his attorneys had represented him, that he did not have any difficulty communicating with them about the cases, that he had been able to talk to them in order to decide whether to enter guilty pleas, and that there was no other research or investigation they could have done on the cases. Pursuant to the plea agreement, the Petitioner pleaded guilty and was sentenced as follows:

Case No.

Conviction

Sentence

17268 (Count 1)

Sale of less than .5 grams of cocaine

4 years at 30%

17268 (Count 3)

Sale of .5 grams or more of cocaine

8 years at 30%

17268 (Count 5)

Sale of .5 grams or more of cocaine

8 years at 30%

17268 (Count 7)

Sale of .5 grams or more of cocaine

8 years at 30%

17478

Sale of .5 grams or more of cocaine

8 years at 30%

In case number 17268, the trial court ordered Counts 3, 5, and 7 to run concurrently with each other but consecutively to Count 1. The court further ordered case number 17478 to run consecutively to case number 17268, for an effective sentence of twenty years to be served at 30%.

Post-Conviction Proceedings

The Petitioner filed a pro se petition for post-conviction relief alleging, among other things, ineffective assistance of counsel. Post-conviction counsel was subsequently appointed to represent the Petitioner. At the beginning of the post-conviction hearing, the Petitioner informed the post-conviction court that he was proceeding solely on his ineffective assistance of counsel claims.

Appointed counsel testified that she worked for the public defender's office. She was appointed to represent the Petitioner in case number 17268, but the Petitioner hired retained counsel to represent him during the preliminary hearing. Retained counsel conducted the preliminary hearing, and the case was bound over to the grand jury. Following the Petitioner's indictment, appointed counsel was again appointed to represent the ...


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