Opinion

Jorrel Brown v. State of Tennessee

Court
Court of Criminal Appeals of Tennessee
Filed
Apr 13, 2020
Status
Published
On the bench
Judge Norma McGee Ogle
Cited by
0 cases
Authority
More cited than 11.4%

The opinion

04/13/2020

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs May 15, 2019

JORREL BROWN v. STATE OF TENNESSEE

Appeal from the Circuit Court for Franklin County

No. 2017-CR-221 J. Curtis Smith, Judge

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No. M2018-01405-CCA-R3-PC

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The Petitioner, Jorrel Brown, appeals the Franklin County Circuit Court’s denial of his

petition for post-conviction relief from his three convictions of passing a forged check,

Class E felonies, and resulting effective three-year sentence. On appeal, the Petitioner

contends that he received the ineffective assistance of trial counsel and, therefore, that his

guilty pleas were not knowing and voluntary. Based upon the record and the parties’

briefs, we affirm the judgment of the post-conviction court.

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

NORMA MCGEE OGLE, J., delivered the opinion of the court, in which CAMILLE R.

MCMULLEN and ROBERT H. MONTGOMERY, JR., JJ., joined.

Roger D. Layne, Chattanooga, Tennessee, for the appellant, Jorrel Brown.

Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Assistant

Attorney General; James Michael Taylor, District Attorney General; and Steven M.

Blount, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

I. Factual Background

This case relates to the Petitioner and his girlfriend, Jade Bogard, forging and

cashing three, two-hundred-dollar checks on three separate dates in October 2016. In

May 2017, the Franklin County Grand Jury indicted the Petitioner and Ms. Bogard for

forgery in counts one, three, and five; passing a forged instrument in counts two, four,

and six; and theft of property valued $1,000 or less in count seven. Copies of the checks,

which were attached to the indictment, showed that Ms. Bogard was the payee on the

check at issue in counts one and two and that the Petitioner was the payee on the two

checks at issue in counts three through six. The payor, who allegedly signed the checks,

was Robert Bogard, Ms. Bogard’s father.

On July 27, 2017, the Petitioner pled guilty to passing a forged instrument, a Class

E felony, in counts two, four, and six. At the plea hearing, the State gave the following

factual account of the crimes:

Your Honor, we believe the proof would show that back during the

time frame set out in the indictment, the check owners discovered the

checks were coming in. That they believed that they had nothing to do with

passing those. They called law enforcement and began investigation. Bank

personnel was then called. We believe that we could show through video

and still images from the banks that Mr. Brown and the co-defendant in this

matter were in fact involved in passing those checks.

Pursuant to the plea agreement, the trial court sentenced the Petitioner as a Range II,

multiple offender to three years for each count and ordered that the sentences be served

concurrently with each other but consecutively to a previous sentence. The remaining

counts were dismissed.

In December 2017, the Petitioner filed a timely pro se petition for post-conviction

relief in which he alleged, in pertinent part, that his guilty pleas were involuntary because

trial counsel “induced” him to plead guilty “to a crime he did not commit.” Specifically,

the Petitioner asserted that he was innocent of the conviction in count two because Ms.

Bogard forged, signed, and cashed that particular check. The Petitioner also alleged in

the pro se petition that he received the ineffective assistance of trial counsel because trial

counsel failed to investigate his case properly and failed to make a thorough examination

of the discovery. The post-conviction court appointed counsel, and post-conviction

counsel filed an amended petition. In the amended petition, the Petitioner alleged that

trial counsel was ineffective because she failed to investigate his case adequately and

present an alternative theory of the case and that she convinced him to plead guilty by

advising him that he would receive an eighteen-year sentence if he went to trial. The

Petitioner also alleged in the amended petition that as a result of trial counsel’s

ineffectiveness, his guilty pleas were not knowing, intelligent, and voluntary.

At the evidentiary hearing, trial counsel testified that she entered the private

practice of law in 2001 and that she went to work for the public defender’s office in 2011.

At the time she was appointed to represent the Petitioner for these offenses, she already

was representing him in general sessions court for separate offenses. In May 2017, trial

counsel met with the Petitioner in jail and discussed the checks. The State made a plea

offer, but trial counsel did not have complete discovery at that time. Specifically, trial

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counsel had “all the discovery except for the videos.” The discovery included

photographs that had been taken at one of the banks where the Petitioner and Ms. Bogard

were present.

Trial counsel testified that the Petitioner was charged with Class E felonies and

was facing a sentence of four to six years for each conviction. He also was on parole for

a six-year sentence with two years left to serve when he and Ms. Bogard committed the

offenses and, therefore, was facing a parole violation. Trial counsel received a notice of

enhanced punishment from the State and reviewed it with the Petitioner. She also

reviewed the discovery materials with him, including copies of the three forged checks

and the photographs. The checks belonged to Ms. Bogard’s father, and trial counsel and

the Petitioner discussed possible defenses. Trial counsel did not speak with Bruce Elliott,

the investigating officer in the case, but his report was in the discovery materials. Trial

counsel said that in June 2017, the Petitioner was found to have violated his parole and

was transferred to the Tennessee Department of Correction. Trial counsel met with him

in prison on July 14, 2017. Trial counsel and the Petitioner discussed the Petitioner’s

trial at their meetings in May and July.

Trial counsel testified that the State’s first plea offer would have allowed the

Petitioner to plead guilty to three counts of forgery in exchange for concurrent five-year

sentences to be served consecutively to his previous six-year sentence. However, the

Petitioner “was definitely thinking about going to trial” and did not accept the offer. At

some point, the State offered to let the Petitioner plead guilty to three counts of forgery in

exchange for concurrent three-year sentences to be served consecutively to the previous

six-year sentence. Trial counsel told the Petitioner about the offer when she met with

him in prison, but he was “still leaning” on going to trial. Trial counsel said the

Petitioner did not want to plead guilty to forgery because he “didn’t actually sign the

document.” However, he “acknowledged he was there.” Trial counsel said she and the

Petitioner discussed “the defenses, the possibilities of going to trial, particularly on the

issue of the one that was signed [by] Jade Bogard.” They also discussed “the possibilities

[of] being able to win that” and the “pros and cons” of going to trial. Trial counsel asked

the Petitioner if Ms. Bogard’s father wrote any checks to the Petitioner, and the Petitioner

said he did not know. Trial counsel told the Petitioner that “that might be difficult if you

can’t really explain why this gentleman wrote you a check.” The Petitioner never told

trial counsel, “I didn’t do this.” Regarding one of the checks, though, he told her,

“[T]hat’s not mine.”

Trial counsel testified that the Petitioner was scheduled to appear in court on July

27, 2017, and that she expected his case to be set for trial. On July 27, trial counsel met

with the Petitioner in the back of the courtroom. She asked the district attorney if the

Petitioner could plead guilty to passing a forged instrument instead of forgery, and the

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district attorney agreed. Trial counsel told the Petitioner about the State’s new offer, and

he decided to accept it. Trial counsel told the Petitioner “the first time” they met that if

he went to trial and were convicted of all three offenses, he could be sentenced to

eighteen years. Post-conviction counsel asked if trial counsel ever told the Petitioner that

he definitely would receive an eighteen-year sentence, and she answered, “No. I don’t

ever say you’re going to get this, because I don’t know.” Trial counsel reviewed the plea

“sheet” with the Petitioner, and he pled guilty that same day. The Petitioner qualified as

a career offender but was sentenced as a Range II, multiple offender. Trial counsel said,

“I don’t think he was happy about [pleading guilty]. I felt like he just decided it was the

best thing to do under the circumstances.”

On cross-examination, trial counsel testified that the Petitioner “wasn’t adamant”

about going to trial when she talked with him about his case, and she acknowledged that

he was “waffling back and forth.” The Petitioner did not seem confused about the

charges and did not seem confused about the two checks made payable to him, which he

endorsed on the back. The third check was made payable to Ms. Bogard, and she

endorsed the back of that check. Trial counsel said that the third check was “a point of

contention” for the Petitioner and that they discussed the possibility he “might beat that at

trial.” However, even if the jury acquitted him of forging the third check, he was still

facing a possible twelve-year sentence if convicted of forging the other two checks. The

Petitioner had prior convictions, and trial counsel told him that his prior history could

affect her ability to have him testify at trial.

Trial counsel testified that while the Petitioner’s case was pending in circuit court,

a misdemeanor charge for harassment was pending against him in general sessions court.

He also was on supervised probation for a misdemeanor conviction in general sessions

court, and a probation violation report had been filed due to the charges in this case.

Trial counsel talked with the district attorney’s office about the pending misdemeanor

charge and the pending probation violation. The district attorney’s office agreed to

dismiss the misdemeanor charge and allow the Petitioner to serve his sentence of eleven

months, twenty-nine days for the probation violation concurrently with his effective

three-year sentence in this case. On redirect examination, trial counsel testified that she

did not remember if she gave a copy of discovery to the Petitioner.

Investigator Bruce Elliott of the Decherd Police Department testified that he

became involved in the Petitioner’s case when Robert Bogard filed a police report about

some forged checks. Mr. Bogard gave Investigator Elliott “some initial people to look

at,” and Investigator Elliott obtained security video from the banks involved. Investigator

Elliott watched the video, which showed the Appellant and Ms. Bogard appearing to cash

Mr. Bogard’s checks, and he decided to charge both of them. The Appellant did not want

to give a formal statement to Investigator Elliott; however, he spoke with Investigator

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Elliott one time on the telephone and “came by the office once for a few minutes.” The

Appellant “basically said that he wasn’t aware that those checks were stolen. They had

borrowed money in the past from Mr. Bogard, so he assumed it was the same thing, and

he just went and cashed them.” Investigator Elliott never spoke with trial counsel.

On cross-examination, Investigator Elliott testified that he spoke with Ms. Bogard

and that she acknowledged her involvement in forging and passing the checks.

Investigator Elliott said, “Her statement was that he had as much to do with it as she did.”

The thirty-six-year-old Petitioner testified that he completed the eighth or ninth

grade and did not obtain his GED. He acknowledged that he pled guilty to the charges

but said that he did not know the checks were forged. He explained as follows:

Well, the reason why I pleaded guilty at the time, when they came to me

with the offers, we went to court, and she came to me with the offers and

stuff, one offer was five years. Then she come back and it was three

consecutive ones[.] . . . She had come back with three consecutive ones,

and you know, I didn’t really understand why it went from, you know, five

to three, and you know, stuff like that, but we never -- we didn’t really

completely discuss everything all the time. I heard some of what she said.

I understood some of what she said, but some of it I didn’t.

The Petitioner was on parole when he cashed the checks, and his parole was revoked due

to the charges.

The Petitioner testified that he met with trial counsel one time in jail for

approximately five minutes and that he met with her one time in prison. The Petitioner

said that he did not receive the discovery until the morning he signed his plea agreement

and that he “didn’t have time to even look at it and see what was in it.” The Petitioner

and Ms. Bogard had borrowed money from Mr. Bogard previously to pay bills, and Mr.

Bogard wrote them a check for $700. The Petitioner thought the three checks at issue

were “checks just like they had been wrote before.” Post-conviction counsel asked if Mr.

Bogard “hand[ed]” any of the checks to the Petitioner, and the Petitioner responded, “No,

‘cause I wasn’t allowed to come to his house. At the time I wasn’t allowed to come to his

house. I just went there with her, I [sat] in the car, and then she came back out to the car,

and the check was already written in my name.” The Petitioner thought Mr. Bogard was

helping him and Ms. Bogard pay more bills, and he thought he could trust Ms. Bogard.

The Petitioner testified that trial counsel met with him in prison in July 2017.

Trial counsel asked him about the checks, and he told her that he did not remember three

checks being involved. They discussed Ms. Bogard, and trial counsel told him that if he

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proceeded to trial, he would be sentenced to eighteen years. The Petitioner told trial

counsel that he would rather go to trial “and see what’s going to happen.” The Petitioner

told trial counsel several times that he did not know the checks were forged, but trial

counsel told him that he “would get” eighteen years if he went to trial. Trial counsel’s

statement convinced the Petitioner to accept the State’s three-year plea offer. The

Petitioner did not want to plead guilty because he did not think he had done anything

wrong. The Petitioner reiterated, “I wouldn’t have pled if she hadn’t told me I was going

to get 18 years. That’s a lot of time for something so small.”

The Petitioner testified that on the morning of his guilty pleas, trial counsel told

him that he was going to plead guilty to “three consecutive ones at thirty percent.” She

later told him that he was going to plead to “three threes [concurrent] at 35 percent.” The

Petitioner did not understand what she was telling him. During the plea hearing, he stood

beside trial counsel at the podium. When he tried to ask her a question, she told him,

“[D]o you want me to just stop this, and you just go ahead and go to trial and get 18

years[?]” The Petitioner told her, “[N]o, I was just going to ask you something.”

On cross-examination, the Petitioner testified that trial counsel told him that three

checks were involved and that the State had photographs and video of him passing two of

the checks. The Petitioner did not know until after he pled guilty that the check at issue

in count two did not have his name on it. The Petitioner denied that he and trial counsel

discussed a possible defense to count two. He said that if he had seen the check related to

count two before he pled guilty, he would have “protested it.”

The Petitioner testified that he did not learn that the three checks had been stolen

until he was charged with the offenses. The Petitioner said he did not have much

experience with the court system but acknowledged having seven prior felony

convictions. He said that he had never had a jury trial but that he knew “[a] little” about

plea negotiations from prior guilty pleas.

The Petitioner acknowledged that during his plea hearing, the trial court advised

him that he was waiving his right to a jury trial. The trial court asked him whether it was

his decision to plead guilty. Before responding, the Petitioner tried to ask trial counsel a

question. Trial counsel told him that he would receive an eighteen-year sentence, so he

thought he had to accept the State’s plea offer. The Petitioner acknowledged that he

understood the charges against him but said that he did not know Ms. Bogard wrote the

checks. He also acknowledged that in exchange for his guilty pleas, the State dismissed

the charge pending against him in general session court and “resolved” his probation

violation so that he did not have to spend any additional time in confinement.

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Kandi Nunley testified for the State that she began practicing law in 2007 and was

an assistant public defender. One of Nunley’s colleagues served as the Petitioner’s trial

counsel. Nunley said that on July 14, 2017, she accompanied trial counsel to Bledsoe

Correctional Complex “to meet with Mr. Brown, to go over his discovery, to talk about

his offer and what his options were.” Nunley was present for the entire meeting.

Nunley acknowledged that the Petitioner’s case involved three checks. Trial

counsel and the Petitioner discussed the fact that two of the checks were made payable to

the Petitioner, that he appeared to have endorsed the two checks, and that the third check

was made payable to Ms. Bogard. The Petitioner understood that the State’s video

covered only the two checks made payable to him but that he was charged with crimes

involving all three checks. Trial counsel and the Petitioner talked about trial strategy,

including a defense to one of the checks, and the Petitioner told trial counsel about “prior

interactions” with Mr. Bogard.

The State asked Nunley if trial counsel told the Petitioner that he was going to

receive an eighteen-year sentence. Nunley answered, “I don’t believe so. I believe it was

you could get up to 18 years at 60 percent, because of the career offender status if the

judge chose to stack.” She acknowledged that assistant public defenders were trained to

tell defendants about the “worst case scenario” if convicted at trial and that trial counsel

did so in this case. The Petitioner did not seem confused about the State’s plea offer but

“was not happy with the offer.” Nunley said that when she and trial counsel left the

meeting, she thought the Petitioner was not going to accept a plea offer and was going to

trial. She did not remember if she was present at the Petitioner’s guilty plea hearing.

On cross-examination, Nunley testified that she did not think trial counsel gave the

Petitioner a copy of his discovery at the meeting because “Bledsoe does not allow it.” On

redirect examination, she acknowledged that having a defendant change his or her mind

about going to trial and decide to accept a plea offer was not unusual.

In a written order, the post-conviction court denied the petition for post-conviction

relief. The post-conviction court found that trial counsel “was fully aware of the

allegations in all counts of this case, was fully aware of the ‘discovery’ materials in this

case, was fully aware of a co-defendant being involved in the case, and was fully aware

of the connection between the defendant and co-defendant.” The post-conviction court

found that trial counsel discussed the State’s plea offer with the Petitioner and “the

possible ramifications of proceeding to trial,” which included the possibility of an

eighteen-year sentence as a career offender. The post-conviction court referred to the

guilty plea hearing transcript and held that the trial court’s colloquy with the Petitioner

complied with Boykin v. Alabama, 395 U.S. 238 (1969), and State v. Mackey, 553

S.W.2d 337 (Tenn. 1997), and that the Petitioner made a voluntary and informed decision

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to plead guilty. Specifically, the trial court noted that the Petitioner stated during the

hearing that he understood the charges and potential punishments, that he and trial

counsel had discussed the charges, that trial counsel had discussed the guilty plea

agreement with him, that he was satisfied with trial counsel’s representation, that he had

not been pressured to plead guilty, and that he was pleading guilty because he was guilty.

Accordingly, the post-conviction court held that the Petitioner pled guilty knowingly and

voluntarily and that he failed to show he received the ineffective assistance of counsel.

II. Analysis

On appeal the Petitioner contends that he received the ineffective assistance of

counsel because trial counsel failed to investigate his case adequately, failed to present an

alternative theory of the case, and told him that he would receive an eighteen-year

sentence if he went to trial. The Petitioner also contends that as a result of trial counsel’s

ineffectiveness, his guilty pleas were not knowing and voluntary. The State responds that

the Petitioner failed to show that trial counsel was ineffective or that the Petitioner’s

guilty pleas were unknowing and involuntary. We agree with the State.

To be successful in a claim for post-conviction relief, a petitioner must prove the

factual allegations contained in the post-conviction petition by clear and convincing

evidence. See Tenn. Code Ann. § 40-30-110(f). “‘Clear and convincing evidence means

evidence in which there is no serious or substantial doubt about the correctness of the

conclusions drawn from the evidence.’” State v. Holder, 15 S.W.3d 905, 911 (Tenn.

Crim. App. 1999) (quoting Hodges v. S.C. Toof & Co., 833 S.W.2d 896, 901 n.3 (Tenn.

1992)). Issues regarding the credibility of witnesses, the weight and value to be accorded

their testimony, and the factual questions raised by the evidence adduced at trial are to be

resolved by the post-conviction court as the trier of fact. See Henley v. State, 960

S.W.2d 572, 579 (Tenn. 1997). Therefore, the post-conviction court’s findings of fact are

entitled to substantial deference on appeal unless the evidence preponderates against

those findings. See Fields v. State, 40 S.W.3d 450, 458 (Tenn. 2001).

A claim of ineffective assistance of counsel is a mixed question of law and fact.

See State v. Burns, 6 S.W.3d 453, 461 (Tenn. 1999). We will review the post-conviction

court’s findings of fact de novo with a presumption that those findings are correct. See

Fields, 40 S.W.3d at 458. However, we will review the post-conviction court’s

conclusions of law purely de novo. Id.

When a petitioner seeks post-conviction relief on the basis of ineffective

assistance of counsel, “the petitioner bears the burden of proving both that counsel’s

performance was deficient and that the deficiency prejudiced the defense.” Goad v.

State, 938 S.W.2d 363, 369 (Tenn. 1996) (citing Strickland v. Washington, 466 U.S. 668,

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687 (1984)). To establish deficient performance, the petitioner must show that counsel’s

performance was below “the range of competence demanded of attorneys in criminal

cases.” Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975). To establish prejudice, the

petitioner must show that “there is a reasonable probability that, but for counsel’s

unprofessional errors, the result of the proceeding would have been different. A

reasonable probability is a probability sufficient to undermine confidence in the

outcome.” Strickland, 466 U.S. at 694. Further,

[b]ecause a petitioner must establish both prongs of the test, a

failure to prove either deficiency or prejudice provides a

sufficient basis to deny relief on the ineffective assistance

claim. Indeed, a court need not address the components in

any particular order or even address both if the [petitioner]

makes an insufficient showing of one component.

Goad, 938 S.W.2d at 370 (citing Strickland, 466 U.S. at 697). Moreover, in the context

of a guilty plea, “the petitioner must show ‘prejudice’ by demonstrating that, but for

counsel’s errors, he would not have pleaded guilty but would have insisted upon going to

trial.” Hicks v. State, 983 S.W.2d 240, 246 (Tenn. Crim. App. 1998); see also Hill v.

Lockhart, 474 U.S. 52, 59 (1985).

When a defendant enters a guilty plea, certain constitutional rights are waived,

including the privilege against self-incrimination, the right to confront witnesses, and the

right to a trial by jury. Boykin, 395 U.S. at 243. Therefore, in order to comply with

constitutional requirements a guilty plea must be a “voluntary and intelligent choice

among the alternative courses of action open to the defendant.” North Carolina v. Alford,

400 U.S. 25, 31 (1970). In order to ensure that a defendant understands the constitutional

rights being relinquished, the trial court must advise the defendant of the consequences of

a guilty plea and determine whether the defendant understands those consequences.

Boykin, 395 U.S. at 244.

In determining whether the petitioner’s guilty pleas were knowing and voluntary,

this court looks to the following factors:

the relative intelligence of the defendant; the degree of his

familiarity with criminal proceedings; whether he was

represented by competent counsel and had the opportunity to

confer with counsel about the options available to him; the

extent of advice from counsel and the court concerning the

charges against him; and the reasons for his decision to plead

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guilty, including a desire to avoid a greater penalty that might

result from a jury trial.

Blankenship v. State, 858 S.W.2d 897, 904 (Tenn. 1993).

Initially, we note that the State argues the Petitioner has waived his post-

conviction claims regarding his convictions in counts four and six because “his petition

focused solely on his claims regarding count two of the indictment.” We disagree with

the State. Although the Petitioner’s pro se and amended petitions specifically addressed

his conviction in count two, the petitions and post-conviction counsel’s argument at the

evidentiary hearing demonstrate that the Petitioner was challenging all three of his

convictions. Therefore, we conclude that the issue has not been waived.

As to the Petitioner’s claim that he received the ineffective assistance of counsel,

trial counsel testified at the evidentiary hearing that the Petitioner knew the charges

involved three checks, that the State had photograph and video evidence for only two of

the checks, and that she and the Petitioner discussed a possible defense for the third

check. Although the Petitioner testified that he did not see the discovery until the day of

his pleas, trial counsel and Kandi Nunley testified that trial counsel reviewed the

discovery materials with the Petitioner, discussed the problems with the evidence against

him, and discussed all options. Trial counsel also stated at the hearing that she told the

Petitioner he was facing an eighteen-year sentence if convicted but that she did not tell

him that he definitely would receive an eighteen-year sentence. Trial counsel told the

Petitioner about an effective five-year plea offer from the State, but the Petitioner wanted

to go to trial at that time. She later told the Petitioner about an effective three-year offer.

Both offers required guilty pleas to three counts of forgery, but the Petitioner rejected

them. However, when the State agreed to allow him to plead guilty to three counts of

passing a forged instrument instead of forgery, he immediately decided to accept the

State’s offer. Trial counsel testified that she explained the plea agreement to the

Petitioner, and the post-conviction court in its findings implicitly accredited trial

counsel’s testimony. Accordingly, we conclude that the record supports the post-

conviction court’s ruling that the Petitioner has failed to demonstrate trial counsel was

ineffective.

Regarding the Petitioner’s claim that his pleas were not knowing and voluntary,

our review of the plea hearing transcript reveals that after the State advised the trial court

about the terms of the Petitioner’s plea agreement, the trial court asked the Petitioner if he

had any questions. The Petitioner asked the trial court if he were going to receive credit

for the time he had been in jail since May 8. The State responded, “Your Honor, he’s

actually serving a parole violation. I can’t give him credit. In fact, we have to run this

sentence consecutive, because this occurred while he was on parole.” The trial court

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asked the Petitioner if he had any other questions for his attorney, and the Petitioner said

no. The trial court advised the Petitioner about his rights to a jury trial, to confront the

State’s witnesses, and to remain silent. The trial court asked the Petitioner if he had

discussed his case with his attorney and if he was satisfied with his attorney’s

representation. The Petitioner answered both questions affirmatively. At that point, the

trial court was advised that the Petitioner had a question for his attorney, which he was

allowed to ask. The trial court asked the Petitioner if anyone was forcing him to plead

guilty and if he had been promised anything other than what was included in his plea

agreement, and the Petitioner answered both questions in the negative. Finally, the trial

court asked the Petitioner if trial counsel had read or explained his plea agreement forms

to him, if he had signed the forms, and if he were guilty of the offenses, and the Petitioner

answered yes to each question. The Petitioner never expressed any concern about trial

counsel’s representation or that he was pleading guilty to three counts of passing a forged

instrument in exchange for an effective three-year sentence. We note that the Petitioner

was facing a substantially greater punishment if convicted of even two of the offenses at

trial. Thus, we conclude that the post-conviction court did not err by ruling that the

Petitioner’s guilty pleas were knowing and voluntary.

III. Conclusion

Based upon the record and the parties’ briefs, we affirm the post-conviction

court’s denial of the petition for post-conviction relief.

_________________________________

NORMA MCGEE OGLE, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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