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Sappington v. State

Court of Criminal Appeals of Tennessee, Jackson

May 14, 2019

DEXTER SAPPINGTON, JR.
v.
STATE OF TENNESSEE

          Assigned on Briefs February 5, 2019

          Appeal from the Circuit Court for Hardeman County No. 16-CR-166 J. Weber McCraw, Judge

         The petitioner, Dexter Sappington, Jr., appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel prior to and during his guilty plea hearing. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

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

          J. Colin Rosser, Somerville, Tennessee, for the appellant, Dexter Sappington, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Mark E. Davidson, District Attorney General; and Joe Van Dyke, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which John Everett Williams, P.J. and Camille R. McMullen, J., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Facts and Procedural History

         I. Guilty Plea Hearing

         On May 1, 2017, the petitioner pled guilty to three counts of aggravated burglary. He was sentenced to eleven years at 45 percent for Count one, ten years at 45 percent for Count two, and ten years at 45 percent for Count three. Counts two and three were suspended but were to be served concurrently with each other and consecutive to Count one. Count one would be served concurrently with the petitioner's sentence in 2013-CR-136. The facts underlying the plea, as explained by the State, were as follows:

         TVs had been taken. The total value of those was $485.

Investigator Moore of the Hardeman County Sheriff's Department again spoke with Mrs. Elizabeth Sappington, who stated that she and [the petitioner] and another individual went to the Walmart here in Bolivar; that [the petitioner] left them and drove back to the Kassmans' home. The third person with them at Bolivar Walmart was Patty Kassman, the wife of the folks he went back and burglarized; went in through the front door where he took two flat-screen TVs, and then drove to 21465 Highway 125 North and dropped the TVs off; then went back to Walmart and picked up Patty and Elizabeth. Ms. Kassman was able to -- excuse me. Ms. Sappington was able to give the name of the person to whom the TVs were sold to verify.
And, Judge, in Count 3, on or about December 2, 2015, John Kassman again reported his home at 22335 West Highway 64 had been burglarized. Two flat-screen TVs and a ...

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