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Binkley v. State

Court of Criminal Appeals of Tennessee, Nashville

January 16, 2020

DAVID ALLEN BINKLEY
v.
STATE OF TENNESSEE

          Assigned on Briefs September 17, 2019

          Appeal from the Circuit Court for Montgomery County No. 63CC1-2017-CR-488 William R. Goodman, III, Judge

         The Petitioner, David Allen Binkley, appeals the post-conviction court's denial of his petition for post-conviction relief in which he challenged his guilty plea to aggravated robbery and his effective sentence of eight years with a release eligibility date of eighty-five percent. On appeal, the Petitioner alleges that he received ineffective assistance of counsel and that his guilty plea was not knowingly entered. After a review of the record and 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

          Gregory D. Smith, Clarksville, Tennessee, for the appellant, David Allen Binkley.

          Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Assistant Attorney General; John W. Carney, Jr., District Attorney General; and Dan Brollier, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, P.J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Camille R. McMullen, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, PRESIDING JUDGE

         FACTS AND PROCEDURAL BACKGROUND

         Plea Hearing

         The Petitioner was involved in three different criminal episodes involving robbery or theft from October 19, 2016, through October 25, 2016. According to the State's recitation of facts at the plea hearing, on October 25, 2016, the Petitioner and Mr. John Ignacio, one of his co-defendants in this case, entered the victim's residence, armed with handguns. The Petitioner and Mr. Ignacio demanded money, pills, and cell phones from the victim. The victim's boyfriend was in the residence at the time and started to fight with the Petitioner and Mr. Ignacio. During that fight, someone hit the victim's boyfriend in the head with a pistol. The Petitioner and Mr. Ignacio took a cell phone, exited the residence, and entered Mr. Donald Raines's vehicle. The Petitioner entered a guilty plea to aggravated robbery. At the time of the Petitioner's plea hearing, Mr. Raines had already pled guilty to facilitation of aggravated robbery and had agreed to testify against the Petitioner and Mr. Ignacio. The victim also identified the Petitioner in a photographic lineup as being one of the men involved.

         At the plea hearing, the Petitioner also entered a guilty plea to theft of property valued at $10, 000 or more, theft of property valued at under $500, and assault for offenses charged in two additional indictments.[1] His petition only challenges his plea to aggravated robbery, and it is not clear if the resolution of the Petitioner's other charges depended on the outcome of his aggravated robbery case.

         According to the post-conviction court's findings of fact in its written order, the Petitioner was charged with aggravated robbery, attempted aggravated robbery, and two counts of aggravated assault with use or display of a weapon for the October 25, 2016 offense. The Petitioner pleaded guilty to only the aggravated robbery charge and received an eight-year sentence to be served at eighty-five percent. The dismissal of the remaining indicted charges was conditioned on the Petitioner's truthful corporation with the State in the prosecution of Mr. Raines and Mr. Ignacio.

         After the State's recitation of the facts, the trial court asked the Petitioner if the factual summary was accurate, and the Petitioner agreed that it was. When imposing the sentence, the trial court stated, "This will be an effective sentence of eight years at 85 percent." When asked if he understood his sentences, the Petitioner responded, "Yes, sir." The signed, plea agreement also ...


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