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Green v. State

Court of Criminal Appeals of Tennessee, Knoxville

July 7, 2017

CLYDE GREEN
v.
STATE OF TENNESSEE

          Assigned on Briefs May 17, 2017

         Appeal from the Criminal Court for Sullivan County No. C64541 R. Jerry Beck, Judge

         The Petitioner, Clyde Green, appeals the denial of his petition for post-conviction relief. The Petitioner pled guilty to two counts of facilitation of first degree premeditated murder, two counts of facilitation of felony murder, especially aggravated robbery, criminal conspiracy to commit aggravated robbery, criminal conspiracy to possess more than twenty-six grams of cocaine with the intent to sell or deliver, possession of more than twenty-six grams of cocaine with the intent to sell or deliver, and maintaining a dwelling where controlled substances were used or sold. He received an effective twenty-two-year sentence. The Petitioner sought post-conviction relief, asserting that he received the ineffective assistance of counsel, which rendered his pleas unknowing and involuntary. Following a hearing, the post-conviction court denied relief. After review of the record and applicable law, we affirm the post-conviction court's denial of relief.

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

          Jessica C. McAfee, Greeneville, Tennessee, for the appellant, Clyde Green.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Dan E. Armstrong, District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert W. Wedemeyer, J., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         FACTUAL AND PROCEDURAL HISTORY

         Pursuant to a guilty plea, the Petitioner was convicted and sentenced as follows: (1) twenty-two years for facilitation of first degree premeditated murder of Mr. Jeffrey Nolan; (2) twenty-two years for facilitation of first degree premeditated murder of Mr. Terrance Alexander; (3) twenty-two years for facilitation of felony murder of Mr. Nolan; (4) twenty-two years for facilitation of felony murder of Mr. Alexander; (5) twenty-two years for especially aggravated robbery; (6) six years for criminal conspiracy to commit aggravated robbery; (7) twelve years for criminal conspiracy to possess more than twenty-six grams of cocaine with the intent to sell or deliver; (8) twelve years for possession of more than twenty-six grams of cocaine with the intent to sell or deliver; and (9) four years for maintaining a dwelling where controlled substances were used or sold. The trial court merged the facilitation of first degree premeditated murder conviction of Mr. Nolan into the facilitation of felony murder of Mr. Nolan conviction. Likewise, the trial court merged the facilitation of first degree premeditated murder conviction of Mr. Alexander into the facilitation of felony murder of Mr. Alexander conviction. The Petitioner was sentenced as a Range I offender, and all sentences were ordered to be served concurrently and at thirty percent, except the especially aggravated robbery sentence, which was ordered to be served at one hundred percent. As a condition of his plea, the Petitioner was required to testify truthfully at the trial of his co-defendants.

         Guilty Plea Hearing

         The following facts were provided by the State in the form of "an addendum of stipulated facts." About two months before the murders occurred, the Petitioner moved from New York to Tennessee. Upon arriving in Johnson City, he lived with Mr. O'Sheene Massey and Mr. Jawan Massey, who were selling cocaine. Mr. Nolan and Mr. Alexander were the "sources" of the cocaine that the Masseys were selling. The Petitioner then began selling cocaine with his co-defendants. The Masseys and the Petitioner were eventually evicted from their house in Johnson City where they were selling cocaine. They moved to Piney Flats, and they did not sell cocaine from their home in Piney Flats. The Petitioner was present during discussions among the Masseys, Mr. Leslie Ware, and Mr. Brian Beco that involved their cocaine business and robbing their suppliers. They decided to rob Mr. Alexander and Mr. Nolan at the same time. Mr. O'Sheene Massey expressed a desire to "take over" the Johnson City cocaine industry and to "remove[] his competitors."

         Several days before the instant robbery and murders, the Masseys and Mr. Ware decided to rob Mr. Nolan. While riding in the vehicle with them, the Petitioner overheard their decision to rob Mr. Nolan. They arrived at Mr. Nolan's place of business, the Candle Shop, and Mr. O'Sheene Massey entered the store. Ultimately, Mr. O'Sheene Massey decided not to rob Mr. Nolan but did buy about one ounce of cocaine from Mr. Nolan. The Petitioner told police that after this event and before the murders, he heard Mr. O'Sheene Massey and Mr. Ware talk about murdering "drug suppliers."

         On the day of the robbery and murders, the Petitioner drove the Masseys and Mr. Ware to the Candle Shop. The Petitioner told police that when they arrived at the shop, he did not know that there were plans to rob Mr. Nolan and that he did not have a gun. Mr. Nolan was not at the shop, and they left. Mr. Nolan then called Mr. O'Sheene Massey, and the co-defendants returned to the Candle Shop. The Petitioner again witnessed his co-defendants discussing plans to rob Mr. Nolan. The Petitioner remained in the vehicle while several of his co-defendants entered the shop. After some time passed, the Petitioner "went in the store and no one was in the front room of the shop. He then saw Mr. Jawan Massey[, ] who had a gun in his hand as well as a gun in his waistband[, ] holding the door to the back room." He also saw Mr. Ware pointing a gun to the back of Mr. Nolan's head. The Petitioner "turned to go" and "heard one shot as he walked out and two more shots once he was outside." After the shots were fired, they all fled the scene.

         They returned to the Piney Flats residence. Mr. Jawan Massey revealed that he had stolen $4, 100 and four ounces of cocaine. Mr. Ware claimed to have shot both Mr. Nolan and Mr. Alexander during the course of the robbery. Mr. O'Sheene Massey ordered the Petitioner to ...


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