Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 8, 2017
from the Circuit Court for Bedford County No. 18247-PC F. Lee
Petitioner, Bobby Daniel Pettie, appeals from the Bedford
County Circuit Court's denial of his petition for
post-conviction relief. The Petitioner contends that he is
entitled to post-conviction relief due to numerous instances
of ineffective assistance of counsel. Discerning no error, we
affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Wesley Hall IV, Unionville, Tennessee, for the appellant,
Bobby Daniel Pettie.
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Senior Counsel; Robert James Carter, District
Attorney General; and Michael David Randles, Assistant
District Attorney General, for the appellee, State of
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Robert W. Wedemeyer and J. Ross Dyer, JJ., joined.
KELLY THOMAS, JR., JUDGE.
a jury trial, the Petitioner was convicted of initiation of
methamphetamine manufacture, promotion of methamphetamine
manufacture, possession of a firearm during the commission of
a dangerous felony, and possession of methamphetamine.
State v. Bobby Daniel Pettie, No.
M2014-00113-CCA-R3-CD, 2015 WL 351229, at *1 (Tenn. Crim.
App. Jan. 28, 2015), perm. app. denied (Tenn. May
14, 2015). The trial court imposed a total effective sentence
of twenty-two years, eleven months, and twenty-nine days.
Id. This court affirmed the Petitioner's
convictions and sentences on direct appeal. Id. Our
supreme court declined to review this court's opinion on
May 14, 2015.
evidence at trial established that a Shelbyville Police
Department officer observed the Petitioner driving a
motorcycle "wearing dark-colored sunglasses" even
though it was dark outside. Pettie, 2015 WL 351229,
at *1. The Petitioner also matched the description "of a
person who had been observed by a Dollar General Market
employee making suspicious purchases earlier in the
day." Id. The officer followed the Petitioner
and "initiated a traffic stop" after observing the
Petitioner driving recklessly. Id.
Petitioner did not have a driver's license.
Pettie, 2015 WL 351229, at *1. The Petitioner
claimed that he had left his license at his mother's
house, which was nearby. Id. The officer explained
to the Petitioner that he could arrest the Petitioner for
driving without a license, but that he would follow the
Petitioner back to the Petitioner's mother's house to
"resolve the issue." Id. At the
Petitioner's mother's house, the officer smelled an
odor consistent with the manufacture of methamphetamine
coming from inside the house. Id. at *2. The officer
seized the Petitioner and advised him of his rights.
Id. The Petitioner consented to a search of the
house and a nearby truck. Id.
of material associated with the manufacture of
methamphetamine was found in the truck and house.
Pettie, 2015 WL 351229, at *2-3. The officer
testified at trial that he believed that methamphetamine had
recently been made and that the Petitioner had "intended
to dispose of the evidence quickly but had not yet done
so" due to the state in which he found the materials.
Id. at *4. The officer also found "a loaded
twelve-gauge shotgun under the rear passenger seat of the
[Petitioner's] truck." Id. at *3.
Additionally, a small amount of methamphetamine was seized
from a jar. Id. at *5. The Petitioner confessed to
manufacturing and using methamphetamine, but claimed that he
had only done so in Alabama. Id. at *3-4.
April 8, 2016, the Petitioner filed a pro se petition for
post-conviction relief. Counsel was appointed to represent
the Petitioner in this matter and an amended petition was
filed on June 17, 2016. As pertinent to our review,
petitions alleged that the Petitioner's original counsel
failed to investigate several witnesses, failed to inform him
of his confession prior to his having rejected a plea offer,
and failed to prepare for and raise several legal arguments
at his suppression hearing. The petitions also alleged that
trial counsel failed to file pretrial motions to dismiss
claiming unnecessary delay and vindictive prosecution, failed
to raise the issues of the ...