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Johnson v. State

Court of Criminal Appeals of Tennessee, Jackson

January 17, 2017

MARIO JOHNSON
v.
STATE OF TENNESSEE

          Assigned on Briefs December 6, 2016

         Appeal from the Criminal Court for Shelby County No. 11-00492 James C. Beasley, Jr., Judge

         Mario Johnson ("the Petitioner") entered an open guilty plea to five counts of aggravated assault. The trial court sentenced the Petitioner to an effective sentence of thirty years in the Department of Correction. The Petitioner filed a petition for post-conviction relief arguing that he received ineffective assistance of counsel and that he entered his guilty plea unknowingly and involuntarily. The post-conviction court denied relief after a hearing. On appeal, we affirm the post-conviction court's denial of relief.

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

          Monica A. Timmerman, Memphis, Tennessee, for the appellant, Mario Johnson.

          Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Amy P. Weirich, District Attorney General; and Stacy McEndree, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         I. Factual and Procedural Background

         Guilty Plea Submission & Sentencing Hearings

         As summarized in this court's opinion from the Petitioner's direct appeal, the State set forth the following facts supporting its proof at the guilty plea hearing:

Had the matter gone to trial, the State submits that the proof would have shown that on or about June 23rd of 2010[, ] the [Petitioner] . . . confronted a Mr. Terry Ward about a debt for some marijuana that had not been paid.
At that point, the two of them had verbally argued and exchanged blows physically. [The Petitioner] left, came back about a half hour later[, ] . . . and fired shots at that residence. There were multiple shots fired.
At that point, there were five people on the porch outside of that house[:] an Odarian Danish[;] Christopher Danish[;] Raphael Danish[;] Terry Ward [;] and a Darren Anderson. They were all standing under the carport. They ...

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