MARQUES JOHNSON v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Feb 26, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Ryan C. Caldwell, Nashville, Tennessee, for the Petitioner, Marques Johnson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the Respondent, State of Tennessee.

Judge(s): EASTER

Petitioner, Marques Johnson, entered into a plea agreement in two separate cases. In the first case, Petitioner pled guilty to two counts of burglary of a motor vehicle and one count of theft of property valued over $500 and was sentenced to an effective sentence of six years. In the second case, Petitioner pled guilty to two counts of burglary of a motor vehicle and one count of theft of property valued over $1,000 and was sentenced to an effective sentence of twelve years. The trial court held a sentencing hearing and determined that the sentences should run consecutively, for a total effective sentence of eighteen years. This Court affirmed that decision on direct appeal. State v. Marques Sanchez Johnson, No. M2012-00169-CCA-R3-CD, 2012 WL 5188136 (Tenn. Crim. App. Oct. 18, 2012), perm. app. denied (Tenn. Jan. 22, 2013). Petitioner subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that he did not enter his plea knowingly and voluntarily. Petitioner claimed that his trial counsel never informed him of his right to testify at the sentencing hearing or to make a statement of allocution. After a hearing, the post-conviction court denied relief, finding that Petitioner had not proven his claim by clear and convincing evidence. After a thorough review of the record, we affirm the decision of the post-conviction court.

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