Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dotson v. State

Court of Criminal Appeals of Tennessee, Jackson

December 15, 2016

MAURICE DOTSON
v.
STATE OF TENNESSEE

          Assigned on Briefs at Knoxville August 16, 2016

         Appeal from the Circuit Court for Madison County No. C-15-333 Roy B. Morgan, Jr., Judge

         The Petitioner, Maurice Dotson, appeals the Madison County Circuit Court's denial of his petition for post-conviction relief from his convictions of possessing marijuana with intent to sell and deliver, possessing a firearm during the commission of a dangerous felony, possessing drug paraphernalia, and theft of property valued under five hundred dollars and resulting effective eleven-year sentence. On appeal, the Petitioner contends that his guilty pleas were involuntary and that he received the ineffective assistance of counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed.

          Joseph T. Howell, Jackson, Tennessee, for the appellant, Maurice Dotson.

          Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         In May 2014, the Petitioner pled guilty to four counts of possessing a firearm during the commission of or attempt to commit a dangerous felony, a Class D felony; one count of possessing marijuana with intent to sell, a Class E felony; one count of possessing marijuana with intent to deliver, a Class E felony; one count of possessing drug paraphernalia, a Class E felony; and one count of theft of property valued less than five hundred dollars, a Class A misdemeanor. At the guilty plea hearing, the State gave the following factual account of the crimes:

[T]he proof would show that on or about August the 8th, 2013, investigators with Metro Narcotics and also the county [TACT] unit executed a search warrant at Magnolia Landing Courts. There was an apartment belonging to Nikita Randall that's associated with the Defendant. The officers had been having Mr. Dotson under surveillance prior to the execution of the search warrant and actually observed him conduct what they believed to be a sale of narcotics just immediately prior to the execution of the warrant. When he returned to the residence, the officers made entry into the apartment and found . . . approximately -- this was a preliminary weight, of about 642 grams of marijuana, high grade marijuana actually, and a digital scale. Some of the marijuana was being weighed at the time that they made entry. It was near a digital scale on the counter. Also found in the home was a stolen black Glock model 19 9-millimeter. It was found belonging to Joshua Skinner. It was taken from him in a burglary in 2008. The investigation revealed that Mr. Dotson is a convicted felon, having a prior felony conviction in Cook County, Illinois, that being aggravated battery of a child.

         Pursuant to the plea agreement, the trial court was to determine the length and manner of service of the sentences.

         During the sentencing hearing, the trial court applied enhancement factors (1), that the Petitioner had a previous history of criminal behavior or criminal convictions in addition to those necessary to establish his sentencing range, and (8), that before trial or sentencing, the Petitioner failed to comply with a sentence involving release into the community. See Tenn. Code Ann. § 40-35-114(1), (8). The court merged the four convictions of possessing a firearm into a single conviction and the two convictions of possessing marijuana into a single conviction, resulting in a total of four convictions. The court sentenced the Petitioner as a Range II, multiple offender to concurrent, four-year sentences for possessing marijuana and possessing drug paraphernalia. The trial court sentenced him to eleven months, twenty-nine days for the misdemeanor theft conviction and ordered that it be served concurrently with the four-year sentences. For the conviction of possessing a firearm, the court imposed a seven-year sentence and ordered that it be served consecutively for a total effective sentence of eleven years. See Tenn. Code Ann. § 39-17-1324(e)(1).

         On direct appeal of his convictions, the Petitioner argued that his seven-year sentence for possession of a firearm during the commission of a dangerous felony was excessive. State v. Maurice Montonio Dotson, Jr., No. W2014-01461-CCA-R3-CD, 2015 WL 5675882, at *1 (Tenn. Crim. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.