All Content

Posted by: Tanja Trezise on Nov 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

William C. Barnes, Jr. (at hearings), Columbia, Tennessee, and Jody Lee Lindsey (on appeal), Whiteville, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Charles F. Crawford, Jr., District Attorney General; Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, Jody Lee Lindsey, pled guilty to one count of violating the Habitual Motor Vehicle Offender (“HMVO”) law, one count of third offense driving on a revoked license, and one count of felony failure to appear. After a sentencing hearing, the trial court found the Defendant to be a Range III offender and merged the driving on a revoked license conviction with the HMVO conviction. It then sentenced the Defendant to five years for both the HMVO conviction and the felony failure to appear conviction. The trial court ordered the sentences to run consecutively based upon the Defendant’s extensive criminal history, for an effective sentence of ten years. On appeal, the Defendant argues that: (1) the trial court erred when it imposed consecutive sentences; (2) his convictions were based upon an unlawfully induced guilty plea; (3) the evidence is insufficient to sustain his convictions; and (4) the counsel representing him at the guilty plea hearing and sentencing hearing was ineffective. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.