Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs, at Knoxville, April 23, 2019
from the Criminal Court for Davidson County No. 2015-C-2127
Mark J. Fishburn, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
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
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and Robert H. Montgomery, Jr.,
W. WEDEMEYER, JUDGE
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