Assigned on Briefs July 25, 2017 at Knoxville
from the Circuit Court for Madison County No. C-16-249 Roy B.
Morgan, Jr., Judge
Petitioner, Brandon Leon Forbes, was convicted of aggravated
burglary, theft of property valued at $10, 000 or more but
less than $60, 000, and vandalism of property valued at $500
or less and was sentenced as a Range III, persistent offender
to a total effective sentence of twenty-four years.
Subsequently, his convictions were affirmed on direct appeal.
State v. Brandon Leon Forbes, No.
W2014-02073-CCA-R3-CD, 2015 WL 5813434, at *1 (Tenn. Crim.
App. Oct. 5, 2015). He then filed a timely petition for
post-conviction relief, alleging ineffective assistance of
trial counsel. The post-conviction court denied relief, and
we affirm that order.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
T. Howell, Jackson, Tennessee, for the appellant, Brandon
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; James G.
(Jerry) Woodall, District Attorney General; and Jody S.
Pickens, Assistant District Attorney General, for the
appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
Robert H. Montgomery, Jr., and J. Ross Dyer,, JJ., joined.
E. GLENN, JUDGE.
facts resulting in the Petitioner's convictions were set
out in the direct appeal opinion of this court:
Lucy Munoz testified that on February 15, 2013, she and her
three-year-old son were living with her parents and younger
brother at their home in Jackson. Lucy recalled that she had
gone home in the early afternoon for her lunch break that
day. When she pulled into the driveway, Lucy noticed that no
one appeared to be home but that the garage door "was
probably one-fourth open." Lucy opened the garage door
and noticed that the garage was empty but that the interior
door from the garage to the house was open. Lucy testified
that this was very unusual.
Lucy entered the house and walked toward her room. Lucy
noticed that "all the lights" were on. Lucy
testified that nothing else "looked abnormal" to
her until she got to her parents' bedroom and saw that it
had been ransacked. Lucy recalled that a large dresser
"had been pulled out off the wall into the middle of the
room and [its] drawers were all open." The television
that had been mounted above the dresser was gone. Lucy then
noticed that "all the other drawers of everything they
had [were] opened" and so was the door to their bedroom
Lucy testified that at that point, she realized the house had
been burgled. She then "froze" in her parents'
bedroom and called her father. Her father told her to call
the police. Lucy testified that she then left the house and
called the police from a neighbor's house. Lucy returned
and walked through the house with the police when they
arrived. Lucy recalled that her bedroom "was
messy." The window in her bedroom facing the backyard
had been broken out. Lucy noticed that all of her
"drawers were open" and that her television, DVD
player, and laptop were gone.
Lucy recalled that her son's room appeared to be
"completely untouched" with maybe a drawer open.
Lucy testified that her younger brother lived upstairs and
that in his room, a television had been taken, along with his
computer, paintball equipment, video gaming console, and
several video games. Lucy also testified that the gate to
their backyard, which they normally kept shut, was open and
that the backdoor of the house appeared to have been damaged.
On cross-examination, Lucy testified that the day before the
burglary, there was a child support hearing between her and
her son's father, Blake Andrews. Lucy denied that Mr.
Andrews knew about her parents' safe and other valuables
in the house. Lucy testified that Mr. Andrews was Caucasian
with brown hair and blue eyes. Lucy also testified that Mr.
Andrews died in a car accident prior to trial. Lucy admitted
that she did not know the [Petitioner].
Carol Munoz testified that on February 15, 2013, she received
a phone call from her husband asking her to go to their house
because it had been broken into. Carol testified that, at the
time of the burglary, she and her husband owned a restaurant
and she prepared "taxes for the Hispanic
community." Carol explained that most of her customers
paid in cash for her tax preparation services. Carol further
explained that there was a significant amount of ...