Court of Criminal Appeals of Tennessee, Nashville
JAMIE N. GRIMES
STATE OF TENNESSEE
Assigned on Briefs November 14, 2017
from the Criminal Court for Davidson County No. 2008-C-3179
Monte Watkins, Judge
Petitioner, Jamie N. Grimes, appeals the Davidson County
Criminal Court's denial of his petition for
post-conviction relief from his conviction of selling
twenty-six grams or more of cocaine within one thousand feet
of a school and resulting twenty-five-year sentence. On
appeal, he contends that he received the ineffective
assistance of counsel and that the State violated the
mandatory joinder rule. Based upon the record and the
parties' briefs, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
A. Lowery, Nashville, Tennessee, for the appellant, Jamie N.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Glenn R.
Funk, District Attorney General; and Roger D. Moore,
Assistant District Attorney General, for the appellee, State
McGee Ogle, J., delivered the opinion of the court, in which
John Everett Williams and Alan E. Glenn, JJ., joined.
MCGEE OGLE, JUDGE
September 26, 2008, the Davidson County Grand Jury filed a
three-count indictment, charging the Petitioner as follows:
count one, selling twenty-six grams or more of cocaine within
one thousand feet of a school on November 10, 2006; count
two, selling or delivering twenty-six grams or more of
cocaine within one thousand feet of a school on November 17,
2006; and count three, selling or delivering twenty-six grams
or more of cocaine on November 30, 2006. The State proceeded
to trial only on count one.
February 2011 trial, a detective testified that he set up an
undercover drug-buy and that the Petitioner sold cocaine to a
confidential informant in the Petitioner's truck on
November 10, 2006. State v. Jamie N. Grimes, No.
M2012-00530-CCA-R3-CD, 2013 WL 576130, at *1-2 (Tenn. Crim.
App. at Nashville, Oct. 22, 2013), perm. app.
denied, (Tenn. Feb. 24, 2014). The State played an audio
recording of the drug-buy for the jury, and the jury
convicted the Petitioner of selling twenty-six grams or more
of cocaine within one thousand feet of an elementary school,
a Class A felony. Id. at *2. After a sentencing
hearing, the trial court sentenced him as a Range II,
multiple offender to twenty-five years in confinement.
Id. at *1.
direct appeal of his conviction to this court, the Petitioner
raised numerous issues, including that the State was required
to join the offense in this case with an offense in another
case for which he was previously tried and convicted because
they were part of the same criminal episode. Id. at
*2. The Petitioner also alleged that he was denied his right
to a speedy trial and that he was prejudiced by the delay
because he "'lost the opportunity to locate two
witnesses necessary for his defense and gather evidence in
support of his defense.'" Id. at *5.
court concluded that the joinder issue was "without
merit, " explaining as follows:
Prior to his trial for this offense, the Defendant was
convicted of possession of 300 grams or more of cocaine with
intent to sell for an offense that occurred on December 8,
2006. State v. Bobby Lee Robinson and Jamie Nathaniel
Grimes, No. M2009-02450-CCA-R3-CD, 2011 WL 6747480
(Tenn. Crim. App. Dec. 22, 2011), perm. app. denied,
(Tenn. May 17, 2012). On that day, the same confidential
informant used in this case arranged to purchase cocaine from
the Defendant and two co-defendants. Id. at *1-2.
However, unlike this case, the officers arrested the
Defendant and his co-defendants before the sale could take
place. Id. at *2-3. The officers recovered
approximately 160 grams of crack cocaine from the