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State v. Reeners

Court of Criminal Appeals of Tennessee, Nashville

May 7, 2018

STATE OF TENNESSEE
v.
PATRICK JAYSON REENERS

          Assigned on Briefs April 18, 2018

          Appeal from the Criminal Court for Sumner County Nos. 806-2015, 729-2015 Dee David Gay, Judge

         The Defendant, Patrick Jayson Reeners, pleaded guilty to public intoxication and disorderly conduct and received concurrent thirty day sentences. In a separate case, he pleaded guilty to telephone harassment and received a probation sentence of eleven months and twenty-nine days. After the entry of his guilty pleas and sentencing, the Defendant filed a motion to withdraw his guilty pleas "made under life threatening needed medical attention." The trial court denied the motion after a hearing. On appeal, the Defendant claims that the trial court erred when it did not find a "fair and just reason" to allow the Defendant to withdraw his pleas. After review, we affirm the trial court's judgment.

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

          Christopher V. Boiano, Hendersonville, Tennessee, for the appellant, Patrick Jayson Reeners.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Ray Whitley, District Attorney General; and Thomas B. Dean, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which John Everett Williams, and Camille R. McMullen, JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE.

         I. Facts

         A. Guilty Plea Hearing

          On April 21, 2016, the Defendant pleaded guilty to disorderly conduct, a Class C misdemeanor, public intoxication, a C misdemeanor, (Case 729-2015) and telephone harassment, a Class A misdemeanor (Case 806-2015). The trial court reviewed the offenses for which the Defendant was entering guilty pleas and the agreed-upon sentences. The Defendant confirmed his understanding of the plea agreement. The Defendant stated that he was not taking any medication other than Ibuprofen and could "pass a drug test." He testified that his attorney had explained to him the elements of the crimes, the punishment, and the evidence. The Defendant stated that he believed he had all the information needed to make the decision to enter the plea. The trial court then reviewed the rights the Defendant was waiving by entering guilty pleas. The Defendant testified that he understood his rights and the rights he was waiving. As a factual basis for acceptance of the plea, the State offered the following facts:

[T]he facts of Case 729-2015, disorderly conduct and public intoxication, those facts stem from events on the 21st day of July, 2015. At that time chalk drawings that said obscenities in reference to the police were found on the road in front [of] a police officer's home. . . . [The officer] was off-duty. He had a confrontation with the defendant. There was some profanity used by the defendant.
Later another officer had an encounter with him where the defendant had some alcohol with him. He was coming home from the market, and that officer arrested him for both of these charges, public intox[ication] and disorderly conduct.
In case 806-2015, this stems from phone calls made by the defendant to the Gallatin Police Department. As Your Honor knows, that's been sort of an ongoing problem from November 11th, 2014, or thereabouts. And it involves multiple calls to the employees of the Gallatin Police Department by the defendant in a repetitious and offensive manner.

         Following the recitation of these facts, the Defendant agreed that he was guilty based on the facts as presented by the State. The trial court accepted the Defendant's guilty pleas and imposed the agreed-upon sentence of concurrent thirty day sentences for the disorderly conduct conviction and the public intoxication conviction. For the telephone harassment conviction, the trial court imposed a suspended sentence of eleven months and twenty-nine days.

         B. Motion to Withdraw Guilty Plea Hearing

         Trial counsel testified that he was appointed to represent the Defendant in March 2016, with regard to Case 729-2015 and Case 806-2015. On the day of the guilty plea hearing, the Defendant told trial counsel that he had been injured. Trial counsel recalled that, on the day the Defendant entered his guilty pleas, initially he was adamant that he would not enter any type of plea agreement. Trial counsel went into court intending to set the case for the trial docket. At some point, a deputy notified trial counsel that the ...


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