Assigned on Briefs June 6, 2017
from the Criminal Court for Shelby County No. 14-04492 Glenn
Ivy Wright, Judge
Leroy Collins, pled guilty to three counts of reckless
aggravated assault, a Class D felony, and one count of Class
C felony reckless endangerment, all committed during one
criminal episode. The offenses involved Defendant shooting
three people and shooting into a house occupied by two other
people. Pursuant to a negotiated plea agreement with the
State, the sentence for each conviction of reckless
aggravated assault is the minimum sentence of two years, and
the sentence for the reckless endangerment conviction is the
minimum sentence of three years. The State further agreed
that the sentences would be served concurrently with each
other, for an effective sentence of three years for four
felony convictions committed with a handgun involving three
victims being shot. However, the State opposed
Defendant's request for judicial diversion or probation
for the effective three-year sentence. At the sentencing
hearing, the trial court denied both requests for alternative
sentencing and ordered Defendant to serve the entire sentence
by incarceration. Defendant appeals from the trial
court's ruling. After review, we affirm the judgments of
the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
S. Ozment, Memphis, Tennessee, for the appellant, Leroy
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Lora Fowler, Assistant
District Attorney General, for the appellee, State of
T. Woodall, P.J., delivered the opinion of the court, in
which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.
T. WOODALL, PRESIDING JUDGE
was originally indicted in a four-count indictment for three
counts of Class C felony aggravated assault and one count of
Class C felony reckless endangerment. Approximately two years
after the indictment was returned, he pled guilty to the
charges detailed above pursuant to a negotiated plea
agreement with the State.
order to support a factual basis for the guilty pleas, the
State announced the following at the guilty plea hearing.
Had this matter gone to trial, the State's proof would
have been that on October 14th, 2012, the
Defendant, Leroy Collins, was involved in a fight inside the
Third World Club, located at 709 Whitney. That's here in
Shelby County, Tennessee
The fight was taken outside. [Defendant] started shooting at
a subject by the name of Lolo. He fired five or six times and
struck the following people: Marissa Shaw, in the right leg;
Juanterica Rollin was shot in the right thigh; and Maria Shaw
was shot in the left hand.
This house was located at 2995 - - a house located at 2995
Sunrise was also struck by gunfire by [Defendant], and the
house was occupied by Isaiah Harris and Kelly Ruppin.
Witness Java Williams gave a typed statement and identified
the Defendant in a six-person photospread as the person who
was shooting ...