DEXTER SAPPINGTON, JR.
STATE OF TENNESSEE
Assigned on Briefs February 5, 2019
from the Circuit Court for Hardeman County No. 16-CR-166 J.
Weber McCraw, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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
Ross Dyer, J., delivered the opinion of the court, in which
John Everett Williams, P.J. and Camille R. McMullen, J.,
ROSS DYER, JUDGE
and Procedural History
Guilty Plea Hearing
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:
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 ...