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Greene v. State

Court of Criminal Appeals of Tennessee, Jackson

January 26, 2018

WILLIAM GREENE
v.
STATE OF TENNESSEE

          Assigned on Briefs October 3, 2017

         Appeal from the Criminal Court for Shelby County Nos. 14-06056, 12-06396, I1300007 Glenn Ivy Wright, Judge

         The Petitioner, William Greene, appeals the denial of his petition for post-conviction relief. The Petitioner pled guilty to aggravated assault, being a convicted felon in possession of a firearm, and intentionally evading arrest in a motor vehicle. Pursuant to the plea agreement, he received an effective three-year sentence. The Petitioner sought post-conviction relief, asserting that he received ineffective assistance of counsel and that his guilty plea was not voluntarily and intelligently entered because trial counsel failed to inform him of a special condition waiving his ability to petition to suspend the remainder of his sentence. Following a hearing, the post-conviction court denied relief. After review of the record and applicable law, we affirm the post-conviction court's denial of relief.

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

          Seth M. Segraves, Memphis, Tennessee, for the appellant, William Greene.

          Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Dennis Johnson, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Norma McGee Ogle and Alan E. Glenn, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         FACTUAL AND PROCEDURAL HISTORY

         The Petitioner pled guilty to aggravated assault, being a convicted felon in possession of a firearm, and intentionally evading arrest in a motor vehicle. Pursuant to the plea, he was sentenced to three years for aggravated assault, three years for the firearm offense, and one year for evading arrest. The sentences were to run concurrently with each other, but consecutively to an effective five-year sentence for two prior convictions, in both of which he consented to a probation revocation. As a special condition of the guilty plea, the Petitioner was barred from filing a petition to suspend the remainder of his sentence.

         Guilty Plea Hearing

         At the plea hearing, the State proffered the factual basis for the Petitioner's guilty plea. The State asserted that on July 30, 2014, the Petitioner and another individual were observed getting inside a vehicle by law enforcement officers. When one officer noticed that the vehicle's tags were expired, the officers attempted to stop the vehicle, but the Petitioner fled at a high rate of speed and swerved at the officers' car. When the officers eventually caught the Petitioner, a gun was located in the vehicle near the Petitioner. The individual in the car with the Petitioner claimed ownership of the gun.

         During an extensive colloquy, the Petitioner stipulated a factual basis for the plea, testified that his attorney went over a petition for waiver of trial by jury with him, and stated that he understood the rights he was waiving. The trial court went over each charge and the respective sentence. Nothing was mentioned regarding the special condition that the Petitioner would be prohibited from petitioning to suspend the remainder of his sentence.

         The Petitioner testified that he was entering his plea freely and voluntarily and that nobody was forcing him to do so. Although the Petitioner maintained that he was innocent of the aggravated assault and firearm charges, he agreed that the evidence would be sufficient to support the convictions and that entering a plea was in his best interest. The trial court explained that although the Petitioner considered himself innocent of some of the charges, the Petitioner was guilty under the eyes of the law once the court accepted his guilty plea. The Petitioner ...


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