FELIX TAMAYO v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Feb 19, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Chad Davidson, Nashville, Tennessee, for the Appellant, Felix Tamayo.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WEDEMEYER

The Petitioner, Felix Tamayo, pled guilty to five counts of aggravated robbery and agreed to allow the trial court to determine the length and manner of service of his sentence. After a sentencing hearing, the trial court imposed consecutive twelve-year sentences for a total effective sentence of sixty years. On appeal, this Court affirmed the Petitioner’s sentence. State v. Felix Tamayo, No. M2010-00800-CCA-R3-CD, 2011 WL 1876315, at *1 (Tenn. Crim. App., at Nashville, May. 16, 2011), perm. app. denied (Tenn. Sept. 21, 2011). The Petitioner timely filed a petition seeking post-conviction relief on the basis that his guilty plea was not knowingly and voluntarily entered, which the post-conviction court denied after a hearing. The Petitioner appeals the post-conviction court’s denial, maintaining that his guilty pleas were not knowingly and voluntarily entered because he was not advised that he could receive consecutive sentencing. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment.

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