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Forbes v. State

Court of Criminal Appeals of Tennessee, Jackson

November 17, 2017

BRANDON LEON FORBES
v.
STATE OF TENNESSEE

          Assigned on Briefs July 25, 2017 at Knoxville

         Appeal from the Circuit Court for Madison County No. C-16-249 Roy B. Morgan, Jr., Judge

         The 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.

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

          Joseph T. Howell, Jackson, Tennessee, for the appellant, Brandon Leon Forbes.

          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.

          Alan E. Glenn, J., delivered the opinion of the court, in which Robert H. Montgomery, Jr., and J. Ross Dyer,, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         The 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 closet.
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 ...

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