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Taylor v. State

Court of Criminal Appeals of Tennessee, Jackson

December 28, 2016

ANDREW TAYLOR
v.
STATE OF TENNESSEE

          Assigned on Briefs November 1, 2016

         Appeal from the Circuit Court for Madison County No. C-15-168 Kyle Atkins, Judge

         The Petitioner, Andrew Taylor, appeals the denial of his petition for post-conviction relief in which he challenged his guilty pleas to carjacking and aggravated robbery and his effective sentence of eight years in prison at eighty-five percent. On appeal, the Petitioner contends that he was denied his right to the effective assistance of counsel, which rendered his pleas unknowing and involuntary. We affirm the post-conviction court's denial of relief.

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

          George Morton Googe, District Public Defender, and Susan D. Korsnes, Assistant District Public Defender, Jackson, Tennessee, for the appellant, Andrew Taylor.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine Redding, Assistant Attorney General; Jerry Woodall, District Attorney General; and Nina Seiler, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Camille R. Mcmullen and J. Ross Dyer, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE

         FACTUAL AND PROCEDURAL HISTORY

         The Petitioner pled guilty to carjacking and aggravated robbery. Pursuant to the guilty plea agreement, the trial court sentenced the Petitioner to eight years at thirty percent for the carjacking conviction and to eight years at eighty-five percent for the aggravated robbery conviction, to be served concurrently for an effective sentence of eight years at eighty-five percent.

         Guilty Plea Submission Hearing

         Although the Petitioner now challenges its accuracy, the Petitioner was arrested and gave the following signed statement to police:

I met Austin Rogers on Facebook. He started messaging me asking how things were going. He asked me through a message would I be willing to let him give me oral sex for $50.00. I told him no I don't get down like that and he continued to take the price up. He said $100.00, [$]200.00, and all the way up to $350.00 cash he would pay if I let him give me oral sex. He asked for my number and he started calling and texting me which was around the beginning of December. Every time he called he would ask if I was trying to make some money and I would say no or just make an excuse to not meet up.
On New Year's Eve Austin called me around 6 [p.m.] or 7 [p.m.] and he asked me where I lived. I told him where I lived and he came to my apartment …. Before he even came I knew he only had $50.00 and I wasn't gonna throw my life away for $50.00. I had no intentions of robbing him but I was going through some issues at this time. Austin came to the apartment and I was sitting on the table playing the video game. I asked him if he had the money and he put $50.00 cash on the table. We left and got into his vehicle and he drove to North Park. He parked and turned the car off. We got in the back seat and he reached towards me and tried to touch me. I snapped and pulled out a black pellet handgun that I had in my jacket. Austin put his hands up and said please don't kill me. He took his wallet out and gave me $6.00 cash, a debit card, a bottle of cologne, his cell phone, and his car keys. I gave him the keys back but I didn't want to walk back home so I took the keys. Austin walked towards a black car and ...

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