Court of Criminal Appeals of Tennessee, Nashville
Session July 18, 2017
from the Criminal Court for Putnam County Nos. 2015-CR-730,
2015-CR-731, 2015-CR-672, 2015-CR-821 David A. Patterson,
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
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Court Reversed in Part, Affirmed in Part,
Crabtree, Cookeville, Tennessee, for the appellant, Jonathan
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
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.
TIMOTHY L. EASTER, JUDGE.
and Procedural Background
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. 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.
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,
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.
agreed with the factual basis for the guilty pleas. According
to the transcript of the guilty plea hearing and the judgment
forms,  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 ...