Court of Criminal Appeals of Tennessee, Nashville
JEFFERY W. DEAN
STATE OF TENNESSEE
Assigned on Briefs April 19, 2016
Appeal from the Circuit Court for Robertson County No.
74CC2-2011-CR-267 William R. Goodman, III, Judge
Petitioner, Jeffery W. Dean, filed for post-conviction relief
from his convictions of aggravated kidnapping and carjacking,
alleging that his trial counsel was ineffective by failing to
explain the State's evidence against the Petitioner and
counsel's trial strategy and by failing to prepare the
Petitioner to testify at trial. The post-conviction court
denied the petition, and the Petitioner appeals. Upon review,
we affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court is Affirmed.
Garth Click, Springfield, Tennessee, for the Appellant,
Jeffery W. Dean.
Herbert H. Slatery III, Attorney General and Reporter; Andrew
C. Coulam, Assistant Attorney General; John Wesley Carney,
Jr., District Attorney General; and Jason White, Assistant
District Attorney General, for the Appellee, State of
McGee Ogle, J., delivered the opinion of the court, in which
John Everett Williams and Robert W. Wedemeyer, JJ., joined.
MCGEE OGLE, JUDGE.
Petitioner was charged with "the aggravated kidnapping
and carjacking of the victim, Demetria Cantrell, from a
Walmart parking lot in Springfield, Tennessee."
State v. Jeffery W. Dean, No. M2013-00340-CCA-R3-CD,
2013 WL 5775783, at *1 (Tenn. Crim. App. at Nashville, Oct.
24, 2013). At trial, the parties stipulated that the
Petitioner "was the individual wearing the yellow shirt
that was on the premises of [Walmart] from 6:26 p.m. to 6:52
p.m. and who approaches [the victim] and entered her car on
that date." Id. After the stipulation was
announced, the victim testified that on the evening of
September 24, 2010, she drove a 2003 silver Chevrolet
Cavalier to Walmart and parked at the side of the building.
Id. She entered the store, shopped, exited the
store, and returned to her car. Id. As she was
standing beside the driver's side door, she heard
footsteps behind her and turned around. Id. She
jumped and screamed, and the Petitioner looked in her eyes
and threatened to kill her if she did not drive him where he
wanted to go. Id. He appeared to be holding
something under his shirt which the victim thought was
intended to frighten her. Id. The victim got in the
driver's seat, and the Petitioner got in the back seat.
She asked "why he was doing this, and he replied that he
did not want to scare her[, ] but he was trying to escape
from someone who was trying to 'jump'" him.
Id. At the Petitioner's instruction, the victim
drove them away from Walmart. Id. The Petitioner
first said that he wanted to go to Taco Bell then instructed
her to take him to Wendy's. Id. While the victim
was driving, the Petitioner leaned forward and began looking
at her purse, which was in the front passenger seat.
Id. The victim thought the Petitioner was planning
to rob her and asked whether he still wanted to go to
Wendy's. The Petitioner "responded in the
negative" and told her to drive straight. Id.
The victim knew that if she kept driving, they would be in a
rural area. Id. She was concerned, particularly
because it was dark, she was alone, and she was petite.
Id. The victim also found the Petitioner's
demeanor threatening and thought she needed to escape.
Id. While they were stopped at a red traffic light,
she removed her seat belt, put the car in park, opened the
door, and darted across the street, dodging traffic.
Id. When she reached a parked sport utility vehicle
(SUV) in the parking lot of a bar, she looked back and saw
the Petitioner driving away in the car. Id. The
victim hit the window of the SUV and pleaded for help.
Id. at *2. Jason Bibb got out of the vehicle
"and asked what was wrong." Id. at *1, 3.
She quickly got into the vehicle and asked him to get in and
lock the door. Id. Bibb complied, and the victim
explained what had occurred. Id. Bibb called the
police, and they came to the scene and took her home.
Id. While at home, she realized that her purse was
still in the car. Id. The purse contained her
cellular telephone, and the police were able to find her
vehicle by using the global positioning system (GPS) that was
on the telephone. Id. at *1, 4. The car was found
"close by" the home of the Petitioner's
grandmother, where the Petitioner lived. Id. at *4.
The car was damaged, and the victim's purse was gone.
Detective Madison Burnett went to the victim's home to
speak with her. Id. at *4. When the victim described
the assailant, Detective Burnett recognized him as someone he
spoke with earlier that day about an unrelated case.
Id. Detective Burnett had photographed the people he
spoke with in the other case and showed the photographs,
which were on a digital camera, to the victim. Id.
The victim identified the Petitioner from the photographs,
and she identified him as the perpetrator in court.
Id. at *1, 4. The police searched the
Petitioner's grandmother's house and found the yellow
shirt the Petitioner had been wearing at Walmart on the night
of the offense, as shown in the video surveillance footage.
Id. at *4.
asset protection manager at Walmart testified about the
security footage as it was shown to the jury; the footage was
recorded on three videos. Id. at *2. She said that
the first video showed the Petitioner's exiting a vehicle
then walking into the store. Id. Less than a minute
later, the Petitioner came out of the store, opened the
passenger door of the vehicle in which he had arrived, and
had "'a confrontation'" with the driver of
the vehicle. Id The Petitioner slammed the door and
went back inside the store. Id The asset protection
manager noted that the second video showed the
Petitioner's "'stalking'" two other
women before approaching the victim. Id at *3. The
second video also showed "the interaction between [the
Petitioner] and the victim, as well as the car being driven
away from Walmart." Id
Petitioner testified and acknowledged that he had three prior
aggravated assault convictions. Id at *5. He
asserted that he went to "Walmart on the night in
question to borrow money from a friend who worked
there." Id He had an altercation with the
person who drove him there, which "made him think that
the driver would try to shoot him later." Id
The Petitioner said that he followed the victim to her car
because he needed a ride and that he told her he needed to
leave Walmart because someone was trying to kill him.
Id The Petitioner said the victim was
"'spooked'" but that she agreed to give him
a ride. Id The Petitioner promised not to hurt her.
Id He acknowledged that he first asked the victim to
drive him to Taco Bell but that he decided to go to
Wendy's because a friend of his child's mother worked
there. Id The Petitioner explained that when he told
the victim to drive straight, he meant for her not to drive
past Wendy's. Id The Petitioner said that he did
not intend to take the victim's car but feared he would
be taken to jail so he drove the car to his grandmother's
house. Id He denied taking anything from the car and
suggested that neighbors who took drugs might have stolen the
victim's belongings from the car. Id The jury
convicted the Petitioner of the charged offenses, and the
Petitioner was sentenced as a multiple, Range II offender to
concurrent sentences of thirteen years. Id
Petitioner filed a pro se petition for post-conviction
relief, alleging that his trial counsel was ineffective. A