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Henry v. State

Court of Criminal Appeals of Tennessee, Jackson

January 23, 2018

JEFFREY HENRY
v.
STATE OF TENNESSEE

          Assigned on Briefs May 17, 2017

         Appeal from the Criminal Court for Shelby County No. 13-06323, 13-06324 John Wheeler Campbell, Judge

         Petitioner, Jeffrey Henry, was indicted in case number 13-06323 by a Shelby County Grand Jury for rape of a child and aggravated sexual battery. Petitioner was also indicted in case number 13-06324 for two counts of rape of a child and two counts of aggravated sexual battery. Petitioner entered best interest guilty pleas in both cases to each count of aggravated sexual battery in exchange for dismissal of the remaining charges. Petitioner agreed to serve an out-of-range sentence of 20 years at 100%. Petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his pleas were unknowingly and involuntarily entered. Following an evidentiary hearing, the post-conviction court denied relief. After review, we affirm the judgment of the post-conviction court.

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

          Michael Thorne, Lexington, Tennessee, for the appellant, Jeffrey Henry.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Leslie Byrd, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Guilty plea hearing

         Petitioner entered guilty pleas to two matters in the Criminal Court of Shelby County, on January 12, 2015. At Petitioner's plea hearing, the State provided the following factual basis for Petitioner's guilty plea in case number 13-06323:

The victim [C.P.] . . . was six years old at this time between the dates of June 1st, 2013 and July 25th of 2013. [Petitioner] was staying with [C.P.'s] grandmother, Bernette Gross . . . . [Petitioner] took [C.P.] into the bathroom of the trailer, ran a bath for her and got into the bathtub with her. While in the bathtub [Petitioner] proceeded to rub [C.P.'s] vagina as she described in a circular motion. Someone figured out in the house that they were alone in the bathroom together, tried to open the door and it was locked. [Petitioner] admitted that he was wrong in doing this.

         With regard to case number 13-06324, the State provided the following factual basis for the guilty plea:

[B]etween the dates of June 1st, 2013 and August 5th of 2013, five year old [M.C.] and seven year old [K.C.] . . . would stay with their father . . . who also lived with [ ] . . . . [Petitioner] took [K.C.] the seven year old female, to the bathroom in the trailer and she disclosed that he put his finger inside of her private part, her vagina. Now, [M.C.] her sister, who's five years old said that [Petitioner] didn't hurt her like he hurt her sister, [K.C.]. He just rubbed her vagina and would put glitter on it.

         During the plea colloquy, the trial court explained to Petitioner all of the rights that he was giving up by entering a guilty plea. The trial court specifically mentioned that Petitioner would be giving up his right to an appeal, and Petitioner indicated that he understood that his right to appeal would be waived. The trial court then went over the specifics of the charges and the sentencing ranges, and Petitioner indicated ...


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