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Richardson v. State

Court of Criminal Appeals of Tennessee, Nashville

May 9, 2017

CHRISTOPHER LEE RICHARDSON
v.
STATE OF TENNESSEE

          Assigned on Briefs March 14, 2017

         Appeal from the Circuit Court for Bedford County No. 18169PC F. Lee Russell, Judge

         A 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.

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

          M. 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.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Norma McGee Ogle and Camille R. McMullen, JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE.

         The 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. filed.

         On direct appeal, this Court summarized the State's evidence against the Petitioner as to the attempted theft charge[1] 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 for them.
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, 505.85.
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 ...


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