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Shreve v. State

Court of Criminal Appeals of Tennessee, Knoxville

May 24, 2017

STEPHEN WAYNE SHREVE
v.
STATE OF TENNESSEE

          Assigned on Briefs March 21, 2017

         Appeal from the Circuit Court for Sevier County No. 15698 Richard R. Vance, Judge

         The Petitioner, Stephen Wayne Shreve, appeals the denial of his petition for post-conviction relief in which he challenged his guilty pleas to two counts of aggravated burglary, one count of attempted aggravated burglary, and two counts of theft and his effective ten-year sentence. On appeal, the Petitioner contends that he was given an illegal sentence and that he entered his guilty pleas involuntarily and unknowingly. We affirm the post-conviction court's denial of relief.

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

          William L. Wheatley, Sevierville, Tennessee, for the appellant, Stephen Wayne Shreve.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jimmy B. Dunn, District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Timothy L. Easter and J. Ross Dyer, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         FACTUAL AND PROCEDURAL HISTORY

         On January 20, 2015, pursuant to a guilty plea, the Petitioner was convicted and sentenced to ten years for each of the two counts of aggravated burglary, ten years for one count of attempted aggravated burglary, and ten years for each of the two counts of theft. The sentences were all run concurrently. The Petitioner was given credit for "time served" and was released to serve the remainder of his sentence on community corrections.

         Guilty Plea Submission Hearing

         At the guilty plea hearing, the State provided the following facts that underlie the Petitioner's convictions. On May 5, 2010, the Petitioner made a forced entry into a house on Little Cove Road in Sevier County. He fled the house, and a neighbor informed the police of the burglary. Later that day, the Petitioner attempted to enter another house on Little Cove Road. The victim of the attempted burglary ran to a neighbor's house and called 911 to report the attempted entry. On the same day, a detective entered the Petitioner's motel room and discovered a stolen video game console that was reported missing from a burglarized home on Talon Street in Sevier County.

         On April 23, 2015, a violation of community corrections warrant was issued against the Petitioner, alleging that he had new arrest warrants against him and that his whereabouts were unknown. The trial court subsequently revoked his community corrections sentence and sentenced him to serve the remainder of his sentence in prison.

         Post-Conviction ...


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