Assigned on Briefs August 2, 2016
from the Circuit Court for Gibson County No. 19041 Clayburn
Petitioner, Gerald Collins, appeals from the denial of
post-conviction relief by the Circuit Court for Gibson
County. On appeal, the Petitioner argues that he received
ineffective assistance of counsel and that his guilty plea
was involuntary. Upon review, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Mueller, Jackson, Tennessee, for the Petitioner, Gerald
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Garry G.
Brown, District Attorney General; and Hillary L. Parham,
Assistant District Attorney General, for the Appellee, State
Camille R. McMullen, J., delivered the opinion of the court,
in which John Everett Williams and Robert L. Holloway, Jr.,
CAMILLE R. MCMULLEN, JUDGE
6, 2013, the Petitioner was indicted by the Gibson County
Grand Jury in Case No. 18919 for rape of a child and
aggravated statutory rape. The Petitioner was later charged
in a superceding indictment in Case No. 19041 with rape of a
child, especially aggravated sexual exploitation of a minor,
and aggravated statutory rape. The charges stemmed from the
Petitioner's sexual relationship with a nine-year old
girl over a period of three years and nude photographs of the
minor victim found on his cellphone. During the
investigation, the Petitioner admitted that he had sexual
intercourse with the minor victim "approximately [ten]
times over the [past] three years" and that he was aware
of her age before engaging in sexual intercourse.
February 25, 2015, the Petitioner entered a guilty plea
pursuant to a plea agreement. In exchange for the dismissal
of aggravated statutory rape, the Petitioner pled guilty to
two counts of rape and received ten years for each count. His
sentences were aligned consecutively, for a total effective
sentence of twenty years. At the guilty plea colloquy, the
trial court asked the Petitioner the following series of
COURT: I know [second counsel] has worked really hard on this
case, but have you had as much time to speak with her about
it as you need?
PETITIONER: Yes, sir.
COURT: Are you satisfied with her representation?
PETITIONER: Yes, ...