Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jackson v. State

Court of Criminal Appeals of Tennessee, Knoxville

June 26, 2017

KENNETH JACKSON
v.
STATE OF TENNESSEE

          Assigned on Briefs February 23, 2017

         Appeal from the Criminal Court for Knox County No. 106393 Steven W. Sword, Judge

         The Petitioner, Kenneth Jackson, appeals as of right from the Knox County Criminal Court's denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not voluntary because trial counsel stated that she was not prepared for trial the day before the trial was scheduled to begin. Discerning no error, we affirm the judgment of the post-conviction court.

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

          J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Kenneth Jackson.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Charme P. Allen, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         On April 1, 2015, the Petitioner pled guilty to two counts of selling less than .5 grams of cocaine in a drug-free zone, one count of possession of drug paraphernalia, and one count of failure to appear. A sentencing hearing was held on May 8, 2015, at which the parties announced that they had agreed to a total effective ten-year sentence. Specifically, the Petitioner was sentenced to six years for each conviction for selling less than .5 grams of cocaine, eleven months and twenty-nine days for the drug paraphernalia conviction, and four years for the failure to appear conviction.

         The felony drug convictions and the drug paraphernalia conviction were ordered to be served concurrently but consecutively to the failure to appear conviction. The Petitioner was sentenced as a Range I, standard offender with respect to the felony drug and drug paraphernalia convictions and as a Range II, multiple offender with respect to the failure to appear conviction. The Petitioner was required pursuant to the drug-free zone statute to serve the first three years of his six-year sentence at one hundred percent, while the last three years of that sentence was to be served at thirty percent and his four-year sentence was to be served at thirty-five percent.

         The events giving rise to the Petitioner's felony drug and drug paraphernalia convictions occurred in September 2010. While those matters were awaiting trial, the Petitioner absconded from the state, giving rise to the failure to appear conviction. The Petitioner's trial was eventually scheduled to begin on April 1, 2015. On March 31, 2015, trial counsel requested a status hearing. At the status hearing, trial counsel announced that she had "presented [the Petitioner] with the final offer from the [S]tate" the pervious afternoon and that the Petitioner had "indicated that he wished to take it." Trial counsel explained that she had the case docketed for a plea submission hearing, but that the Petitioner had contacted her that morning to tell her that he had changed his mind and wanted to proceed to trial.

The following exchange between trial counsel and the trial court then occurred:
[Trial counsel]: I informed [the Petitioner] that since he told me that he wasn't going -- or was planning to plea yesterday, I ceased trial preparations and am not in a ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.