Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs March 21, 2017
from the Circuit Court for Sevier County No. 15698 Richard R.
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
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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
Everett Williams, J., delivered the opinion of the court, in
which Timothy L. Easter and J. Ross Dyer, JJ., joined.
EVERETT WILLIAMS, JUDGE.
AND PROCEDURAL HISTORY
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
Plea Submission Hearing
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.
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.