Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs February 26, 2019
from the Criminal Court for Knox County No. 108578 Scott
defendant, Torey Martez Underwood, appeals the Knox County
Criminal Court's denial of alternative sentencing for his
guilty-pleaded conviction of attempted second degree murder.
Discerning no error, we affirm.
R. App. P. 3; Judgment of the Criminal Court
Halstead, Assistant District Public Defender, for the
appellant, Torey Martez Underwood.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Charme Allen,
District Attorney General; and Leslie Nassios, Assistant
District Attorney General, for the appellee, State of
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Norma McGee Ogle, and D. Kelly Thomas, Jr., JJ.,
CURWOOD WITT, JR., JUDGE
November 20, 2017, the defendant, Torey Martez Underwood,
pleaded guilty to one count of attempted second degree
murder. Pursuant to the plea agreement, the defendant
received an agreed-upon sentence of nine years as a Range I
offender, and the State dismissed the charge of attempted
first degree murder. After a sentencing hearing, the trial
court ordered the defendant to serve the entire sentence in
confinement. The defendant filed this timely appeal,
asserting that the trial court erred by imposing a
plea submission hearing, the State provided the following
summary of the offense:
[T]he defendant was married to a woman named Jessica
Underwood, who had a child with the victim in this case, Noel
. . . [T]he parties had met at a location on East Magnolia on
April the 23rd, 2016 in Knox County for the purpose of Mr.
Djenini seeing his four year-old child. Apparently there was
an argument between Mr. Djenini and Jessica Underwood. . . .
Mr. Djenini was outside his vehicle, was in front of a
business place. And . . . Jessica Underwood said some things
to the defendant, . . . who was in the vehicle with her. He
got out of the vehicle. The assault on Mr. Djenini was on
video. The video . . . shows that Mr. Djenini ha[d] his back
to the defendant. There [wa]s absolutely no conversation
between them. No altercation. And the defendant jumped him.
The [defendant] . . . stabbed him four times causing serious
bodily injury. He then fled the scene. Mr. Djenini received a
stab wound to his heart that would have been lethal without
medical intervention. He was stabbed behind the left ear. He
was stabbed [in] another place in the back. It was not a life
threatening injury. And he was stabbed very close to his
spinal column in the back with the fourth wound. . . . [H]e
was very close, . . . had he not received medical
intervention[, ] to death.
He was in the hospital for several days. After his discharge,
he was out of work for about three and a half months. And had
a very long, prolonged rehab. This was an unprovoked assault
. . . according to the ...