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Chism v. State

Court of Criminal Appeals of Tennessee, Jackson

June 19, 2018

BOBBY CHISM
v.
STATE OF TENNESSEE

          Assigned on Briefs January 4, 2018

          Appeal from the Criminal Court for Shelby County No. 15-00016 Paula Skahan, Judge

         The Petitioner, Bobby Chism, appeals the Shelby County Criminal Court's denial of post-conviction relief from his guilty plea to two counts of aggravated robbery, one count of aggravated burglary, and one count of employment of a firearm during the commission of a dangerous felony. The Petitioner argues that his guilty plea was involuntary and that he received ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

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

          Robert Brooks, Memphis, Tennessee, for the appellant, Bobby Chism.

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

          Camille R. McMullen, J., delivered the opinion of the court, in which John Everett Williams and Alan E. Glenn, JJ., joined.

          OPINION

          CAMILLE R. McMULLEN, JUDGE

         Plea Submission Hearing.

         At this hearing, the State provided a recitation of the facts supporting entry of the Petitioner's guilty plea:

[H]ad [this case] gone to trial [the] State would have shown on July 22[], 2014[, ] officers in the Memphis Police Department responded to a robbery called at [the victims' apartment].
The victim, [V.P.] . . . indicated she was sleeping in her bedroom, a male woke her up pointing a handgun at her face, made her stay in bed and exited the bedroom.
Another victim [D.B.], . . . indicated another male woke her up, slapped her in the face, took her phone. So there were two people involved, one was caught, identified as [the Petitioner]. He gained entry to their residence without permission.
It was the [accomplice] that had a gun who pointed [it] at the victims, not [the Petitioner]. Our Tennessee case law indicated that under criminal responsibility [the Petitioner] could be found guilty of that employing a firearm during the ...

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