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State v. Patterson

Court of Criminal Appeals of Tennessee, Nashville

September 29, 2017

STATE OF TENNESSEE
v.
JONATHAN DAVID PATTERSON

          Session July 18, 2017

         Appeal from the Criminal Court for Putnam County Nos. 2015-CR-730, 2015-CR-731, 2015-CR-672, 2015-CR-821 David A. Patterson, Judge

         This is a matter that involves cross appeals. Defendant, Jonathan David Patterson, entered an open guilty plea to multiple offenses in four separate cases. After a sentencing hearing, the trial court sentenced Defendant to an effective sentence of thirty-one years. Defendant filed a notice of appeal. Subsequently, Defendant also filed a motion for reduction of his sentence under Tennessee Rule of Criminal Procedure 35. The trial court granted the motion, reducing Defendant's effective sentence to eighteen years. The State appealed the reduction of Defendant's sentence. The appeals were consolidated by this Court. After a review, we determine that the trial court abused its discretion in granting relief under Tennessee Rule of Criminal Procedure 35 because Defendant did not present post-sentencing information or developments that warranted an alteration in the interest of justice. Accordingly, the judgments of the trial court as to the Rule 35 motion are reversed and remanded. Additionally, we determine that the trial court did not abuse its discretion in its original sentencing decision imposing an effective thirty-one-year sentence and that Defendant failed to show he was entitled to plain error relief as a result of an alleged breach of the plea agreement by the State. On remand, the trial court should reinstate the original judgments and sentences. The trial court shall also enter a judgment form for Count Thirty-seven of case number 2015-CR-731.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Reversed in Part, Affirmed in Part, and Remanded

          Seth Crabtree, Cookeville, Tennessee, for the appellant, Jonathan David Patterson.

          Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which John Everett Williams, J., joined. James Curwood Witt, Jr., J., filed a separate concurring opinion.

          OPINION

          TIMOTHY L. EASTER, JUDGE.

         Factual and Procedural Background

         Defendant was indicted for various offenses in four separate case numbers. Specifically, in August of 2015, the Putnam County Grand Jury indicted Defendant in case number 2015-CR-730 with one count of auto burglary and one count of theft of property valued under $500. In case number 2015-CR-731, Defendant was indicted with nineteen counts of auto burglary, eleven counts of theft of property valued under $500, two counts of theft of property valued over $500, one count of theft of property valued at $1000 or more, one count of theft of property valued at $10, 000 or more, one count of vandalism under $500, one count of burglary, and one count of possession of a firearm by a convicted felon.[1] In October of 2015, Defendant was indicted by the Putnam County Grand Jury with one count of theft of property valued over $10, 000 in case number 2015-CR-672. Defendant was also indicted in October of 2015 by the Putnam County Grand Jury with one count of auto burglary and one count of theft of property valued over $500 in case number 2015-CR-821.

         At a guilty plea hearing, trial counsel informed the trial court that Defendant was entering an "open" plea to various counts of the four separate indictments but that there was "no agreement" and "no parameters" to the length or the manner of service of the sentence. Counsel for the State explained that the indictments arose after Defendant engaged in several days of "car hopping." The factual basis for the guilty pleas was described by the State as follows:

The case ending in 672 is theft over ten thousand dollars. The vehicle belonging to Mr. Naser Altheferri was stolen by [Defendant] on July the 24th of 2015.
The case ending in 730, on July the 25th the vehicle of Mr. Huddleston was burglarized.
Case 731, auto burglary, Frank Davis on July 17th, 2015.
All of these are July 17th.
Count three, Rachel Martin; count five, Ben Henry; count seven, Robert Lollar; count nine, Mike Witt; count eleven is a burglary of Arena Finance; count fourteen is an auto burglary of Jason and Elizabeth Burchett's vehicle; count sixteen is a theft over ten thousand dollars, the vehicle of Melissa Hunter; count twenty is a theft of some golf clubs and a rain suit of Paul Moe over a thousand; auto burglary count twenty one, Reba Barr; twenty two is Joey Bailey; twenty four is Bryan Stamp; twenty seven is Joyce Glover; twenty nine is Kenny Palk; thirty one is a misdemeanor theft for Ms. Agular; thirty two is auto burglary of a Mr. Campo; thirty three a Mr. Williams; thirty five a Mr. Brown; and thirty six a Mr. Thornberry.
Case 821, the last one, is an auto burglary having occurred on July the 26th of 2015 of a Ms. Christy Ramer.
Obviously the police investigated this and the proof is going to be the defendant was caught with some of this property. He admitted most, but not all of it. Gave statements implicating himself, showed the police where a lot of these places were, vehicles were that he had broken into. All of them occurred in Putnam County.

         Defendant agreed with the factual basis for the guilty pleas. According to the transcript of the guilty plea hearing and the judgment forms, [2] the trial court accepted guilty pleas to auto burglary in the following counts of case number 2015-CR-731: One, Three, Five, Seven, Nine, Fourteen, Twenty-one, Twenty-two, Twenty-four, Twenty-seven, Twenty-nine, Thirty-two, Thirty-three, Thirty-five, and Thirty-six. Defendant also pled guilty to burglary in Count Eleven, theft of property valued over $10, 000 in Count Sixteen, and theft of property valued over $1000 in Count Twenty. The remaining counts were dismissed. In case number 2015-CR-672, Defendant pled guilty to one count of theft of property valued over $10, 000. In case number 2015-CR-730, Defendant pled guilty to auto burglary in Count One, and the charge of theft of ...


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