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Harris v. State

Court of Criminal Appeals of Tennessee, Jackson

February 22, 2018

DWIGHT HARRIS
v.
STATE OF TENNESSEE

          Assigned on Briefs June 6, 2017

         Appeal from the Criminal Court for Shelby County Nos. 15-00395, 14-02706 James C. Beasley, Jr., Judge

         Petitioner, Dwight Harris, pled guilty in case no. 14-02706 to aggravated burglary. He received a six-year sentence as a Range II multiple offender. Petitioner pled guilty in case no. 15-00395 to aggravated burglary and theft of property valued at more than $1, 000. He received an effective sentence of six years as a Range I standard offender to be served consecutively to the sentence in case no. 14-02706. Petitioner subsequently filed a post-conviction petition alleging that he received ineffective assistance of counsel and that his guilty pleas were involuntary. After a hearing on the petition, it was denied by the post-conviction court. On appeal, Petitioner also asserts that he did not receive the effective assistance of counsel and that his guilty pleas were not voluntary. Following our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

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

          Anna R. Smith, Memphis, Tennessee, for the appellant, Dwight Harris.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Amy P. Weirich, District Attorney General; and Kenya Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Guilty Plea Submission Hearings

         At the guilty plea submission hearing on December 16, 2014, in case no. 14-02706, the State set forth the following set of facts:

[O]n September the 28th, 2013, Patricia Leachman reported a burglary at her residence located at 369 Kerwin. The suspect entered the residence by kicking in the rear door. Property was taken. Property was taken from the residence. Copper wires hidden (indiscernible) things, heating appliances.
Responding officers processed the scene for prints. Prints were unknown at the time and latent print examiner Larry Preston advised that the prints lifted from the rear window and the broken glass were belonged [sic] to a Dwight Gasper [sic], Shelby County Sheriff's Office R&I 315107. Detective McMinn contacted the victim and she did not know the Defendant. It did occur here in Shelby County [.]

         Petitioner told the trial court that trial counsel reviewed the guilty plea petition with him, and Petitioner understood the charges against him. He did not have any questions about the charges. The trial court explained all of Petitioner's rights to him concerning the guilty plea, and Petitioner said that he understood those rights and that he wanted to plead guilty. He also said that no one forced him to enter the pleas, and he was not promised anything. Petitioner told the trial court that he was satisfied with trial counsel, and he again said that he did not have any questions.

         At the guilty plea submission hearing on June 5, 2015, in case no. 15-00395, the State set forth the following set of facts:

That on Thursday, May 8, the victim reported his home at 3395 Barbwood located here in Shelby County was burglarized. Entry was gained through a rear bedroom window. Several rods of copper were stolen from the living room and rear bedroom of the house. The copper rods were valued at around eighteen hundred dollars.
On that same day a witness, who was a neighbor, provided a description of a suspect whom he observed near the victim's home. He also gave a suspect [sic] of the vehicle - - of the vehicle the suspect was driving with a tag number.
Officers then stopped the defendant driving that same vehicle and observed in plain view the rods of copper inside the vehicle. The victim [sic] was taken down to the Memphis police department and he gave a signed written statement advising how he knew the rods of copper were stolen but that he was given the stolen copper from an individual he only knows by his first name. He said he was going to sell the stolen rods of copper, and split the proceeds with the unknown individual who he said burglarized the victim's home.

         Petitioner told the trial court that trial counsel reviewed the guilty plea petition with him and explained it to him. Petitioner also said that he understood the petition and the charges against him, and he did not have any questions. The trial court explained Petitioner's rights to him, and Petitioner said that he understood those rights. Petitioner told the trial court that he wanted to enter the plea and that no one was forcing him to plead guilty nor had they promised him anything. He said that he was satisfied with trial counsel, and he did not have any other questions.

         Post-Conviction ...


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