Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs March 14, 2017
from the Circuit Court for Bedford County No. 18169PC F. Lee
Bedford County jury convicted the Petitioner, Christopher Lee
Richardson, of attempted theft of property valued at $1, 000
or more but less than $10, 000, disorderly conduct,
possession of a schedule IV controlled substance for sale or
delivery, resisting arrest, possession of a Schedule VI
controlled substance, and promotion of methamphetamine
manufacture. The trial court ordered an effective sentence of
twelve years. On appeal, this Court affirmed the convictions
and sentence. See State v. Christopher Lee
Richardson, No. M2013-01178-CCA-R3-CD, 2014 WL 12651041,
at *1 (Tenn. Crim. App., at Nashville, June 12, 2014), no
perm. app. filed. The Petitioner filed a post-conviction
petition, and following a hearing the post-conviction court
denied relief. On appeal, the Petitioner maintains that he
received the ineffective assistance of counsel. After review,
we affirm the post-conviction court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Wesley Hall IV, Unionville, Tennessee, for the appellant,
Christopher Lee Richardson.
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Counsel; Robert J. Carter, District
Attorney General; and Michael D. Randles, Assistant District
Attorney General, for the appellee, State of Tennessee.
W. Wedemeyer, J., delivered the opinion of the court, in
which Norma McGee Ogle and Camille R. McMullen, JJ., joined.
W. WEDEMEYER, JUDGE.
Petitioner's conviction for attempted theft of property
valued at $1, 000 or more but less than $10, 000 relates to
his attempt to push a shopping cart of unpaid merchandise out
of a Walmart store on January 9, 2012. The remaining
convictions stem from events that occurred at a Rite Aid
pharmacy during the Petitioner's unsuccessful attempt to
purchase pseudoephedrine on February 23, 2012. This Court
upheld the Petitioner's convictions and sentence on
direct appeal. See Christopher Lee Richardson, No.
M2013-01178-CCA-R3-CD, 2014 WL 12651041, at *1 (Tenn. Crim.
App., at Nashville, June 12, 2014), no perm. app.
direct appeal, this Court summarized the State's evidence
against the Petitioner as to the attempted theft
charge as follows:
Doyle Hayes, who was working the third shift as an assistant
manager at the Walmart in Shelbyville on January 8, 2012,
testified that at some point he "heard the garden center
alarm going off on one of [the exterior] exit doors."
Mr. Hayes went to the doors but did not see anyone inside the
garden center. He did find "a shopping cart full of
merchandise" in the garden center. He said that the
alarm was emanating from one of the fire doors that opened
directly onto the parking lot. The glass sliding doors had
been closed, a gate had been lowered over them, and a chain
and padlock secured the gate. Mr. Hayes took the cart to the
"[l]oss prevention room" without altering the
contents. Mr. Hayes said that the [Petitioner] did not have
permission to take any items from the Walmart without paying
During cross-examination, Mr. Hayes acknowledged that he did
not take an inventory of the merchandise in the cart and
instead "just kind of looked at it to . . . see [the]
stuff that was in it." Mr. Hayes said that he left the
shopping cart in the locked loss prevention office. He said
that his shift ended at 8:00 a.m., that the day shift
managers arrived at 7:00 a.m., and that the loss prevention
staff arrived at 8:00 a.m.
Jessica Frandsen testified that she performed "asset
protection" for the Shelbyville Walmart. She said that
when she arrived at work on January 9, 2012, she observed
"[a] buggy full of merchandise" inside the loss
prevention office. Ms. Frandsen said that she took the
shopping cart to the service desk, where she scanned each
item in the shopping cart to determine the dollar amount of
the merchandise. She also photographed the cart full of
merchandise and then photographed each item individually. She
recalled that "[m]ost of the bulkier items were in the
bottom of the buggy and then there was a tote that was inside
of the buggy. And the tote had merchandise stuffed inside of
it and then there was stuff on top of it." Ms. Frandsen
testified that the total pre-tax value of the items was $1,
After determining the value of the items, Ms. Frandsen
returned the shopping cart and the merchandise to the loss
prevention office and began reviewing the video surveillance
from January 8, 2012. Upon reviewing the surveillance, she
observed the [Petitioner] and another person enter the
Walmart. She also observed the [Petitioner] pushing the same
shopping cart that was later discovered abandoned in the
garden center area. Another video showed the [Petitioner]
attempting to exit the garden center with the shopping cart
full of merchandise. When the security alarm sounded, the
[Petitioner] left the store.
Ms. Frandsen conceded that the [Petitioner] did not leave the
store with the merchandise or push the shopping cart across
the threshold of the store. She also conceded that the
[Petitioner] did not run from the store.
Gary Dodson testified that he drove the defendant to the
Walmart on January 8, 2012, so that the [Petitioner] could
"go get a few things for his old lady." Mr. Dodson
said that he entered the store with the [Petitioner] and then
went to the restroom. He then returned to the car to wait for
the [Petitioner]. He recalled that the [Petitioner] was in
the store for more than an hour. At one point, Mr. Dodson
telephoned the [Petitioner] to inquire about the delay, and
the [Petitioner] told him "to move the car to the other
end of the parking lot" "[d]own by the garden
center." Mr. Dodson refused to move the car, and when
the [Petitioner] came out of the store, he was angry with Mr.
Dodson. The [Petitioner] told Mr. Dodson that "they were
following him around, that he left the buggy sitting there,
and it was time to go."
Christopher Lee Richardson, No.
M2013-01178-CCA-R3-CD, 2014 WL 12651041, at *1-2 (Tenn. Crim.
App., at Nashville, June 12, 2014), no ...