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Gaddy v. State

Court of Criminal Appeals of Tennessee, Nashville

August 29, 2019

ADAYSE GADDY
v.
STATE OF TENNESSEE

          Assigned on Briefs at Knoxville June 25, 2019

          Appeal from the Criminal Court for Davidson County No. 2012-C-2666 Seth Norman, Judge

         The Petitioner, Adayse Gaddy, appeals from the Davidson County Criminal Court's denial of his petition for post-conviction relief from his 2015 guilty plea to possession with the intent to sell or to deliver less than one-half gram of cocaine, for which he is serving a ten-year sentence. The Petitioner contends that he received the ineffective assistance of counsel and that his guilty plea was unknowingly and involuntarily entered. We affirm the judgment of the post-conviction court.

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

          Melissa Bourne (on appeal) and Kara L. Everett (at post-conviction hearing), Nashville, Tennessee, for the appellant, Adayse Gaddy.

          Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Senior Assistant Attorney General; Glenn Funk, District Attorney General; and Dan H. Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which Norma McGee Ogle and J. Ross Dyer, JJ., joined.

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE

         This case arises from the Petitioner's January 9, 2015 negotiated guilty plea as a Range III, persistent offender to felony drug possession in exchange for a ten-year sentence. One count of resisting arrest was dismissed pursuant to the plea agreement.

         Guilty Plea Proceedings

         At the guilty plea hearing, the State's recitation of the facts was as follows:

[O]n June the 28th of 2011, around 9:00 p.m. in the evening, officers from the Metro Nashville Police Department initiated a traffic stop on a car for speeding. It was determined that Mr. Gaddy was the driver of the car. He was asked to exit the vehicle and agreed to a consent to search the car and his person. During that search the officers located a quantity of cocaine in a bulge in his pants, and this quantity of cocaine was individually packaged.

         Although the Petitioner was charged with possession with the intent to sell or to deliver one-half gram or more of cocaine, the plea agreement permitted the Petitioner to plead guilty to possession with the intent to sell or to deliver less than one-half gram. The agreed-upon sentence was ten years' confinement at 45% service as a Range III, persistent offender.

         The forty-two-year-old Petitioner told the trial court that the State's recitation of the facts was "basically" true and that he understood the offense to which he was pleading guilty. The court advised the Petitioner of his rights to a jury trial, to counsel, to confront and cross-examine witnesses at a trial, to present witnesses at a trial, to maintain his innocence, to remain silent, and to an appeal. The Petitioner told the court that he understood these rights. The Petitioner told the court that he did not have any mental illness and that he was not under the influence ...


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