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State v. Collins

Court of Criminal Appeals of Tennessee, Jackson

April 5, 2018

STATE OF TENNESSEE
v.
LEROY COLLINS

          Assigned on Briefs June 6, 2017

          Appeal from the Criminal Court for Shelby County No. 14-04492 Glenn Ivy Wright, Judge

         Defendant, 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.

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

          Joseph S. Ozment, Memphis, Tennessee, for the appellant, Leroy Collins.

          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 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

         Background

         Defendant 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.

         In 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 ...

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