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Prather v. State

Court of Criminal Appeals of Tennessee, Jackson

May 15, 2018

CARLOS PRATHER
v.
STATE OF TENNESSEE

          Assigned on Briefs March 13, 2018

          Appeal from the Criminal Court for Shelby County No. 15-00459 Chris Craft, Judge.

         The petitioner, Carlos Prather, appeals the denial of post-conviction relief from his 2015 Shelby County Criminal Court guilty-pleaded convictions of vandalism of property valued at $1, 000 or more but less than $10, 000, for which he received an effective sentence of 10 years. In this appeal, the petitioner contends that his guilty pleas were not knowingly and voluntarily entered and that he was denied the effective assistance of counsel. Discerning no error, we affirm.

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

          Terrell L. Tooten, Memphis, Tennessee, for the appellant, Carlos Prather.

          Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Jose Leon, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which Alan E. Glenn and Timothy L. Easter, JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE.

         On July 28, 2015, the petitioner entered pleas of guilty to two counts of vandalism of property valued at $1, 000 or more but less than $10, 000, in exchange for concurrent 10-year sentences as a Range III, persistent offender, to be served on supervised probation. The transcript of the guilty plea colloquy contains the following factual summary of the offense:

Had this matter gone to trial[, the] State's proof would be that on October 28, 2014 in the early morning hours officers with the Memphis Police Department responded to a call at 3224 Clearbrook. They were met with the victim, Debra Mason[, ] who is neighbors with [the petitioner].
She advised she heard glass breaking and when she looked outside her residen[ce] she observed her neighbor, [the petitioner], staggering with a large rock. [Ms.] Mason advised that she observed the suspect throw the rock through her carport storm door breaking the glass in the lower part of the door, then pick up a rock and bust the front and rear window of victim, Terrance Simmons['] 2006 Mercedes ML350.
The suspect picked up another large rock throwing it through the front and window of her 2006 Lincoln. [Mr.] Simmons advised that he also observed [the petitioner] damaging the vehicles wearing a black shirt with writing on the front and back and black jeans.
The suspect ran into the residence next door at 3212 Clearbrook. [Ms.] Mason had an Order of Protection with the [petitioner] at the time of this event. The [petitioner's] sister, Rhonda McAllen[, ] advised that her brother was wearing the same clothing as described by [Mr.] Simmons. All these events happened here in Shelby County.

         The defense stipulated to the facts as presented but added that the petitioner had a "mental health history" and was "off his medication" at the time of the vandalism. Trial counsel informed the court that the petitioner was "back on his medication" and that the petitioner ...


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