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Hawkins v. State

Court of Criminal Appeals of Tennessee, Nashville

July 2, 2019

YASIN SOLOMON HAWKINS
v.
STATE OF TENNESSEE

          Assigned on Briefs, at Knoxville, April 23, 2019

          Appeal from the Criminal Court for Davidson County No. 2015-C-2127 Mark J. Fishburn, Judge

         After a bench trial, a trial judge convicted the Petitioner, Yasin Solomon Hawkins, of aggravated robbery and sentenced him as a career offender to thirty years in the Tennessee Department of Correction. The Petitioner appealed his conviction presenting only the issue of whether the trial court erred when it denied his motion to suppress his statement to police. This Court affirmed the trial court's judgment. State v. Yasin S. Hawkins, No. M2017-02439-CCA-R3-CD, 2018 WL 4520949 (Tenn. Crim. App., at Nashville, Sept. 20, 2018), perm. app. denied (Tenn. Jan. 16, 2019). The Petitioner then filed a timely petition for writ of error coram nobis alleging that his arrest warrants were newly discovered evidence and that they were procedurally flawed and invalid. The trial court summarily dismissed the petition finding that the arrest warrants were not newly discovered evidence and that, even if the warrants were flawed, any defect was cured by the indictments. After review, we affirm the trial court's judgment.

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

          Yasin Solomon Hawkins, Whiteville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Janice Norman, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert H. Montgomery, Jr., J., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         This case arises from a robbery of a Nashville hotel located on Old Hickory Boulevard. We summarized the facts presented at the motion to suppress hearing and at trial as follows:

The [Petitioner] used a gun to demand money from the hotel employees and threatened harm if they did not give him "all of the money." After receiving the cash, the [Petitioner] fled the building and drove away in a car. The robbery was captured on the hotel's surveillance system. A Davidson County grand jury indicted the [Petitioner] for the aggravated robbery of Rita Patel and the aggravated assault of Atul Kumar.
A. Motion to Suppress
The [Petitioner] filed a motion to suppress his statement made to the police. He asserted that, due to his intoxication, he was unable to make a knowing and voluntary waiver of his rights. At the hearing on the motion, the parties presented the following evidence: Sam Tetterton, a Metropolitan Nashville Police Department ("MNPD") officer, testified that he interviewed the [Petitioner] on July 17, 2016. The [Petitioner] had been involved in a single vehicle crash. Police officers at the scene of the crash notified robbery detectives about "an alert" associated with the [Petitioner], indicating that he should be ...

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