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State v. Jackson

Court of Criminal Appeals of Tennessee, Jackson

July 14, 2015

STATE OF TENNESSEE
v.
NICKELLE N. JACKSON

Assigned on Briefs May 5, 2015

Appeal from the Criminal Court for Shelby County Nos. 93-09264, 93-09265, 93-09266, 93-08166, 93-08167, W94-00337, W94-00338 James M. Lammey, Jr., Judge

Nickelle N. Jackson, Memphis, Tennessee, Pro Se.

Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Jessica Banti, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert W. Wedemeyer, J., delivered the opinion of the Court, in which Norma McGee Ogle and Roger A. Page, JJ., joined.

OPINION

ROBERT W. WEDEMEYER, JUDGE

I. Facts

This case arises from several instances of criminal conduct perpetrated by the Defendant. A Shelby County grand jury indicted the Defendant for the following: in case numbers 93-09264 and 93-09265, two counts of aggravated robbery occurring on March 7, 1993; in case number 93-09266, one count of aggravated robbery occurring on February 22, 1993; in case number 93-08166, carrying an unlawful weapon on May 18, 1993; in case number 93-08167, theft of property valued between $10, 000 and $60, 000 during the time period of April 22, 1993, and May 19, 1993. By criminal information, the Defendant was charged in case numbers W94-00337 and W94-00338 for two counts of theft of property over $500 occurring on March 9, 1994.

Included in the record are the petitions for waiver of trial and request for acceptance of the guilty plea, signed by the Defendant for each of the indictments against him. Also in the record are the trial court's orders accepting the Defendant's guilty pleas for each of the indictments, all signed on May 11, 1994.

The judgments of conviction, all entered May 11, 1994, reflect that the trial court sentenced the Defendant as follows:

In case number 93-09264, aggravated robbery, the trial court sentenced Defendant to twelve years, at 35%, to run concurrently with his sentences in case numbers 93-09265, 93-09266, 93-08166, 93-08167, W94-00337, and W94-00338. The judgment shows that this sentence should run consecutively to a sentence already received by the Defendant in another case, 94-02318.
In case number 93-09265, aggravated robbery, the trial court sentenced the Defendant to twelve years, at 35%, to run concurrently with his sentences in case numbers 93-09264, 93-09266, 93-08166, 93-08167, W94-00337, and W94-00338. The judgment shows that this sentence should run consecutively to a sentence already received by the Defendant in another case, 94-02318.
In case number 93-09266, aggravated robbery, the trial court sentenced the Defendant to twelve years, at 35%, to run concurrently with his sentences in case numbers 93-09264, 93-0925, 93-08166, 93-08167, W94-00337, and W94-00338. The judgment shows that this sentence should run consecutively to a sentence already received by the Defendant in another case, 94-02318.
In case number 93-08166, unlawful carrying of a weapon, the trial court sentenced the Defendant to eleven months and twenty nine days to run concurrently with his sentences in case numbers 93-09264, 93-0925, 93-09266, 93-08167, W94-00337, and W94-00338. The judgment shows that this sentence should run consecutively to a sentence already received by the Defendant in another case, 94-02318.
In case number 93-08167, theft, the trial court sentenced the Defendant to six years, at 35%, to run concurrently with his sentences in case numbers 93-09264, 93-0925, 93 consecutively to a sentence already received by the Defendant in another case, 94-02318.
In case number W94-00337, theft of property over $500, the trial court sentenced the Defendant to four years, at 35%, to run concurrently with his sentences in case numbers 93-09264, 93-0925, 93-08166, 93-08166, 93-08167, and W94-00338. The judgment shows that this sentence should run consecutively to a sentence already received by the Defendant in another case, 94-02318.
In case number W94-00338, theft of property over $500, the trial court sentenced the Defendant to four years, at 35%, to run concurrently with his sentences in case numbers 93-09264, 93-0925, 93-09266, 93-08166, 93-08167, and W94-00337. The judgment shows that this sentence should run ...

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