Court of Criminal Appeals of Tennessee, Nashville
ROBERT E. LEQUIRE, JR.
STATE OF TENNESSEE
Assigned on Briefs November 8, 2016
from the Criminal Court for Sumner County No. 2014-CR-985 Dee
David Gay, Judge
Robert E. Lequire, Jr., appeals from the denial of his
petition for post-conviction relief, in which he alleged that
he was denied the effective assistance of counsel and that
his guilty plea was not knowingly and voluntarily entered.
Having reviewed the record and the briefs of the parties, we
affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
B. Russ, Nashville, Tennessee (on appeal) and Stroud Vaughn,
Gallatin, Tennessee (at trial), for the appellant, Robert E.
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Counsel; Lawrence Ray Whitley, District
Attorney General; Tara A. Wyllie and Eric Mauldin, Assistant
District Attorneys General, for the appellee, State of
T. Woodall, P.J., delivered the opinion of the court, in
which Alan E. Glenn and Robert W. Wedemeyer, JJ., joined.
T. WOODALL, PRESIDING JUDGE
was charged in a 22-count indictment for the following
offenses: seven counts of soliciting sexual exploitation of a
minor by electronic means; one count of especially aggravated
sexual exploitation of a minor; 12 counts of sexual
exploitation of a minor; and two counts of statutory rape by
an authority figure. Pursuant to a negotiated plea agreement,
Petitioner pleaded guilty to six counts of soliciting sexual
exploitation of a minor by electronic means and two counts of
statutory rape by an authority figure and received an
effective sentence of 12 years. The remaining 14 counts of
the indictment were dismissed.
filed a timely pro se post-conviction petition, and an
amended petition was subsequently filed by appointed counsel.
Following an evidentiary hearing, the post-conviction court
denied post-conviction relief.
plea submission hearing
State provided the following factual basis for
Petitioner's guilty pleas:
Your Honor, if this case were to go to trial, the state's
proof would show that [Petitioner] had power of attorney over
a young minor named [T.L.]. She was 15 when this was brought
to the state's attention.
. . . .
When Detective Steffy responded, he took the phones of both
the victim and the [petitioner] and did a search. He
questioned the [petitioner]. He denied any kind of physical
contact or anything that ...