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Gonzales v. State

Court of Criminal Appeals of Tennessee, Jackson

March 8, 2017

SONIA GONZALES
v.
STATE OF TENNESSEE

          Session Date: December 6, 2016

         Appeal from the Criminal Court for Shelby County No. 14-0024 J. Robert Carter, Judge

         The petitioner, Sonia Gonzales, appeals the denial of her petition for post-conviction relief, arguing that the court erred in finding that she received effective assistance of counsel. Following our review, we affirm the denial of the petition.

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

          Eric J. Montierth, Memphis, Tennessee, for the appellant, Sonia Gonzales.

          Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Chris Lareau, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          ALAN E. GLENN, JUDGE

         FACTS

         On January 7, 2014, the petitioner was indicted by the Shelby County Grand Jury for aggravated burglary acting in concert, a Class B felony, and theft of property valued between $1, 000 and $10, 000, a Class D felony. On September 18, 2014, she pled guilty to aggravated burglary, a Class C felony, in exchange for a four-year sentence at 30% as a Range I offender. Pursuant to the terms of her negotiated plea agreement, the theft count of the indictment was dismissed.

         At the guilty plea hearing, the prosecutor recited the following factual basis for the plea:

Had this matter gone to trial the State would put on proof that on September 9, 2013, Dara McNeal reported a burglary to her home. She reported that during the burglary several televisions, a PlayStation 3, an Xbox video game, a computer and various pieces of jewelry and purses were taken.
[The petitioner] was developed as a suspect. Ms. McNeal revealed that [the petitioner] had been staying in her home . . . prior to the burglary but she had been asked to leave as a result of some issues that she and Ms. McNeal had had. Ms. McNeal had been letting her stay there for free.
[The petitioner] was located and transported to the Raines Station GIB, she was Mirandized, she waived her right and she did give a detailed statement of admission to her involvement in the incident. She also, in her statement, identified two other individuals that were involved in the planning as well as the actual burglary itself. The victim valued the items ...

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