Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs at Knoxville September 20, 2017
from the Criminal Court for Davidson County No. 2014-A-378
Cheryl A. Blackburn, Judge.
Jason Lee Holley, entered a guilty plea to one count of
possession of .5 grams or more of cocaine with the intent to
sell in exchange for the dismissal of other charges.
Petitioner received a twelve-year sentence as a Range II
offender and was ordered to serve one year of the sentence
day-for-day prior to being released to community corrections
for the balance of the sentence. Petitioner sought
post-conviction relief on the basis that his guilty plea was
unknowing and involuntary and that he received ineffective
assistance of counsel. The post-conviction court denied
relief after a hearing. Because Petitioner failed to show
that he received ineffective assistance of counsel or that
his guilty plea was unknowingly and involuntarily entered, we
affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
C. Caldwell, Nashville, Tennessee, for the appellant, Jason
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Counsel; Glenn R. Funk, District
Attorney General; and Doug Thurman, Assistant District
Attorney General, for the appellee, State of Tennessee.
Timothy L. Easter, J., delivered the opinion of the court, in
which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.
TIMOTHY L. EASTER, JUDGE.
January of 2014, Petitioner was indicted by the Davidson
County Grand Jury in case number 2014-A-378 for one count of
possession of .5 grams of more of cocaine with the intent to
sell or deliver, one count of possession of drug
paraphernalia, one count of evading arrest, one count of
resisting arrest, and one count of driving on a suspended
license. Petitioner subsequently entered a guilty plea to one
count of possession of .5 grams or more of cocaine with the
intent to sell, a Class B felony. He agreed to a sentence of
twelve years in exchange for the dismissal of the remaining
counts of the indictment. The sentence was ordered to be
served twelve months "day for day" and eleven years
on Community Corrections. The sentence was ordered to be
served consecutively to the sentence in case number
for the State explained the factual basis for the plea as
[O]n October 30, 2013, Metro police were patrolling around
the area of South 5th Street here in Davidson
County. They observed a white Chrysler Sebring make a traffic
violation. The officer attempted to stop the vehicle. They
slowed down for a period of time but then accelerated away
from the officer. At some point the officer did not pursue
any further[;] however, other officers found the vehicle
abandoned a short distance later and also saw an individual
who was later identified as [Petitioner] running in the area.
He was apprehended on a porch near the area and admitted that
he ran because he did not have a driver's license. After
patrolling the scene in the area of where he was running,
they found cocaine in two separate bags, one with some
scales, weighing approximately twenty grams and also found
some currency, which was broken into small denominations, on
agreed to the factual basis of the plea, told the trial court
he was not under the influence of medication, and informed
the trial court that trial counsel discussed all aspects of
the case with him prior to the entry of the plea.
year later, Petitioner filed a pro se petition for
post-conviction relief with respect to his conviction in case
number 2014-A-378. In the form petition, Petitioner checked
the following as "possible grounds for relief":
(1) Conviction was based on unlawfully induced guilty plea or
guilty plea involuntarily entered without understanding of
the nature and consequences of the plea.
(3) Conviction was based on use of evidence gained pursuant
to an unconstitutional ...