Assigned on Briefs June 2, 2015
Appeal from the Criminal Court for Shelby County No. 98-08052 Carolyn Wade Blackett, Judge
Kassy Janikowski, Memphis, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Jerry Kitchen and Reginald Henderson, Assistant District Attorneys General, for the appellee, State of Tennessee.
Robert W. Wedemeyer, J., delivered the opinion of the Court, in which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr., JJ. joined.
ROBERT W. WEDEMEYER, JUDGE
This case arises from the robbery and murder of the victim, James Meeks, Jr., which occurred on February 26, 1998. A Shelby County grand jury indicted the Defendant, along with two co-defendants, for one count of premeditated first degree murder and one count of first degree felony murder during the perpetration of a robbery.
On August 7, 2000, the Defendant pleaded guilty to one count of second degree murder. She attached a copy of the transcript from the guilty plea hearing as an exhibit to her motion that is the subject of this appeal. During the guilty plea hearing, the State informed the trial court that, in accordance with the plea agreement, it recommended a sentence of thirty years, to be served at 100%. It then informed the trial court that had the case gone to trial, the State would have presented the following evidence:
[O]n or about February 26th of 1998 at approximately 4:30 p.m., the defendants, along with a Robert Cummins had made previous arrangements with a James Meeks, Jr., to purchase some marijuana at Mega Market at Shelby Drive and Feronia, located here in Shelby County, Tennessee.
As a result of this arrangement, plans had been initiated by these defendants to rob Mr. Meeks of his marijuana and other drugs. Subsequently, a pistol was produced by Robert Cummins, who the Court will recall has already previously been tried and convicted of first degree murder during the perpetration of a robbery.
He produced a pistol. As a result of that, the victim, Mr. Meeks, was shot one time in the back of the head. After this occurred, [the Defendant] drove the victim, as well as his vehicle to DeSoto County where the body was discarded and subsequently found by DeSoto County Sheriff Deputies.
The defendants were arrested. Robert Cummins gave a statement of admission to being the shooter. Witnesses would have testified that both these defendants had been making plans of participating in this robbery.
The Defendant's attorney stipulated that those facts were what would have been presented had the case gone to trial and asked the trial court ...