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Shaver v. State

Court of Criminal Appeals of Tennessee, Knoxville

August 20, 2019

DAVID N. SHAVER
v.
STATE OF TENNESSEE

          Assigned on Briefs July 24, 2019

          Appeal from the Circuit Court for Grainger County Nos. 5978, 6156, 5815 James L. Gass, Judge

         Petitioner, David N. Shaver, appeals the Grainger County Circuit Court's denial of his petition for post-conviction relief. Petitioner asserts that he received ineffective assistance of counsel in connection with his guilty plea proceedings. Specifically, he contends that trial counsel failed to properly explain the terms of the plea agreement and failed to conduct a proper investigation into the charge against Petitioner. After a thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

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

          Pepper Bowser, Rutledge, Tennessee, for the appellant, David N. Shaver.

          Herbert H. Slatery III, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Jimmy B. Dunn, District Attorney General; and George C. Ioannides, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which Camille R. McMullen and Timothy L. Easter, JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         Factual and Procedural Background

         Guilty Plea Submission Hearing

         On May 3, 2017, Petitioner pled guilty by information to a violation of the sex offender registry in case number 5978. At the guilty plea submission hearing, the State recited the following factual basis for Petitioner's plea, to which Petitioner stipulated:

If [Petitioner's case had] gone to trial, the State would call Tabitha Hel[g]es[e]n[1] with TDOC, . . . and she would testify that on or about March 20th in a compliance check that [Petitioner] was on the sex offender registry for a conviction from Massachusetts, as well as on probation for a violation here in Grainger County. She found that he failed to notify her [of] the Xbox Account Profile entitled Paradox 33-David Shaver and had an on-line account that showed that he had some friends, as well as some on-line friends and some followers. It was activated in his name on 02/27/17. That would be a violation of the registry. That all occurred here in Grainger County.

         Petitioner additionally conceded that he violated his probation in case number 5815.[2] The record reflects the following as the basis for the violation of Petitioner's probation:

[Petitioner] has failed to comply with the specialized probation conditions for sex offenders, three (3) counts. [Petitioner] did obtain Internet access on an Xbox system without written permission for Internet access. [Petitioner] failed to comply with the Sex Offender Registry and monitor[ing] program as required and failed to register an electronic profile user name and then [he] failed to pay [his] annual administrative fee.

         Pursuant to a plea agreement, the trial court imposed Petitioner's original sentence of four years in case number 5815. In case number 5978, the trial court sentenced Petitioner, as a Range II multiple offender, to two years in the Tennessee Department of Correction, ordering the service of a minimum of 180 days.[3] Further, the trial court ordered the two-year sentence in case number 5978 to run concurrently with the four-year sentence in case number 5815.

         Post-conviction ...


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