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White v. State

Court of Criminal Appeals of Tennessee, Jackson

June 2, 2017

TRAVARIOUS D. WHITE
v.
STATE OF TENNESSEE

          Assigned on Briefs May 2, 2017

         Appeal from the Circuit Court for Madison County No. C-15-351 Kyle Atkins, Judge

         The petitioner, Travarious D. White, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

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

          Christie R. Hopper, Jackson, Tennessee, for the appellant, Travarious D. White.

          Herbert H. Slatery III, Attorney General and Reporter; Breanne N. Hataway, Assistant Attorney General; Jerry Woodall, District Attorney General; and Ben Mayo, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Alan E. Glenn and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         FACTS

         In 2007, the petitioner crashed a stolen vehicle during a high-speed chase with police, and then fled the scene. Prior to the crash, the petitioner stole the vehicle and robbed two victims at gunpoint. Consequently, a jury convicted the petitioner of carjacking, felony evading arrest, and two counts of aggravated robbery. The trial court imposed an effective twenty-five year sentence to be served at thirty-five percent.

         The petitioner subsequently challenged the sufficiency of the evidence supporting his convictions on direct appeal. This Court summarized the underlying facts leading to the petitioner's convictions as follows:

On August 26, 2007, between 10:00 and 10:30 p.m., James Walker picked up Natalie Bouie from her job at Red Robin. Mr. Walker then drove to a parking lot behind North Side School, where he and Ms. Bouie stepped out of the vehicle to talk. As the two talked, a man approached them and asked what time the last bus would arrive. Mr. Walker informed the man that the last bus had already departed.
After turning to leave, the man quickly turned back around, pulled out a black handgun, and announced that he was robbing the couple. Mr. Walker ran from the scene in an effort to lead the assailant away from Ms. Bouie. However, the assailant caught up with him and forced Mr. Walker to hand over his wallet, his cell phone, and the keys to his green GMC Denali Yukon. The assailant then stepped into the Denali and drove off with Mr. Walker's belongings around 10:45 p.m. Ms. Bouie's purse, left inside the vehicle, was also taken when the assailant drove away.
Following the robbery, Mr. Walker and Ms. Bouie walked to a gas station and called the police. At approximately 11:00 p.m., Officer Jerod Cobb of the Jackson Police Department responded to the call. After meeting the victims at the gas station, he issued a be on the lookout (BOLO) for the stolen vehicle.
Sergeant Shane Barnes of the Madison County Sheriff's Department was on patrol the night of the robbery. At approximately 11:05 p.m., shortly after receiving the BOLO dispatch describing Mr. Walker's stolen vehicle, Sergeant Barnes observed a vehicle matching the description turning from Sweetbay Drive onto North Parkway heading east. Sergeant Barnes pursued the vehicle. The driver of the vehicle attempted to turn west onto Allen Avenue at a high rate of speed but lost control and crashed, flipping the stolen vehicle several times. Sergeant Barnes witnessed the crash from approximately 200 to 300 feet away.
As he approached the accident, Sergeant Barnes witnessed a single individual emerge from the wrecked vehicle and flee the scene. Sergeant Barnes pursued the individual on ...

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