Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Grimes v. State

Court of Criminal Appeals of Tennessee, Nashville

April 19, 2018

JAMIE N. GRIMES
v.
STATE OF TENNESSEE

          Assigned on Briefs November 14, 2017

          Appeal from the Criminal Court for Davidson County No. 2008-C-3179 Monte Watkins, Judge

         The 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 post-conviction court.

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

          Carrie A. Lowery, Nashville, Tennessee, for the appellant, Jamie N. Grimes.

          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 of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams and Alan E. Glenn, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         On 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.

         At the 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.

         On 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.

         This 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.