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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
Assigned on Briefs November 1, 2012 JARVIS McCLAIN v. STATE OF TENNESSEE
Appeal from the Criminal Court for Shelby County No. 09-03569 Carolyn Wade Blackett, Judge

No. W2011-02124-CCA-R3-PC - Filed February 14, 2013

Petitioner, Jarvis McClain, entered a guilty plea in the Shelby County Criminal Court to especially aggravated robbery and received the agreed-upon sentence of thirteen and one-half years in prison as a mitigated offender to be served at 100% release eligibility. He filed a petition for post-conviction relief, which was denied after an evidentiary hearing. In this appeal, petitioner claims that trial counsel was ineffective for several reasons: (1) failing to explain the terms of his plea agreement; (2) failing to explain the range of punishment for the offense for which petitioner was indicted; and (3) failing to disclose to petitioner evidence discovered by the investigator. He also claims that the ineffective assistance of counsel rendered his guilty plea involuntary. Following our review, we affirm the judgment of the post-conviction court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed R OGER A. P AGE, J., delivered the opinion of the court, in which J OSEPH M. T IPTON, P.J., and N ORMA M CG EE O GLE, J., joined. Zipporah C. Williams, Memphis, Tennessee, for the appellant, Jarvis McClain. Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Amy P. Weirich, District Attorney General; and Lora Fowler, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION I. Facts and Procedural History The State recited the following factual basis underlying petitioner's January 15, 2010 guilty plea:

Had [petitioner] gone forward to trial[,] the [S]tate would have shown that on September 25, 2008, the victim, Mr. Thomas, was walking from Castle (phonetically) Convenient [sic] Store, which is located at 2512 Park, which is located in Memphis, Shelby County, when he was approached by an acquaintance by the name of Jarvis McClain, who demanded money from him at gunpoint. [The victim] attempted to run, at which time he was shot twice in the leg. [Petitioner] then caught up with [the victim], they struggled over the gun, but [the victim] in the end lost that battle and a sum of money was taken from [the victim's] possession. [Petitioner] then jumped into a car with another acquaintance of [the victim], a Timothy Jones[,] and did leave the scene. At that time, trial counsel informed the court that petitioner did not stipulate to the "exact facts" as read, but he wished to enter a best-interest plea. The plea colloquy followed: THE COURT: [T]his is a petition for waiver of trial by jury and a request for the acceptance of a guilty plea, did you sign this? Yes, sir. [Did trial counsel] go over this with you and explain it to you? Yes, sir. Do you understand it? Yes, sir. Do you understand what you are charged with? Yes, sir. Do you understand what you're pleading guilty to? Yes, sir. -2-

PETITIONER: THE COURT:

PETITIONER: THE COURT: PETITIONER: THE COURT: PETITIONER: THE COURT: PETITIONER:

THE COURT: PETITIONER: THE COURT:

Do you have any question, at all, about the charges? No, sir. You understand you don't have to plead guilty, you do have a right to go to trial? Yes, sir.

PETITIONER: .... THE COURT:

You have a right to have a sentencing hearing. If you got convicted on this[,] you could have been facing anywhere from fifteen to sixty years in the penitentiary, do you understand that? Yes, sir. Also, you need to understand that this offense is a violent offense[,] and the punishment is without parole. You have to be served [sic] at 100%[,] there is no parole, do you understand that? Yes, sir.

PETITIONER: THE COURT:

PETITIONER: .... THE COURT: PETITIONER: THE COURT: PETITIONER: THE COURT:

Is [pleading guilty] what you want to do? Yes, sir. Is anybody making you plead guilty? No, sir. Do you understand that this is going to be on your record, if you get arrested again? Yes, sir. -3-

PETITIONER:

THE COURT:

You need to understand, first, that this is a crime of violence, which means in the future if you get arrested for other crimes of violence, this conviction could be used to increase your punishment for life in prison, do you understand that? Yes, sir.

PETITIONER: .... THE COURT:

Are you satisfied with [trial counsel] and what she's done for you? Yes, sir. Have any complaints about her? No, sir. Do you have any questions, at all, about what you're doing? No, sir. This what you want to do? Yes, sir. Are you sure? Yes, sir.

PETITIONER: THE COURT: PETITIONER: THE COURT:

PETITIONER: THE COURT: PETITIONER: THE COURT: PETITIONER:

The trial court determined that petitioner entered his guilty plea freely and voluntarily, without threats or coercion, and accepted the plea. Petitioner filed a timely petition for post-conviction relief and a subsequent amended petition after appointment of private counsel in which he alleged that his guilty plea was not knowingly entered and that trial counsel was ineffective for failing to fully advise him of the details of his plea agreement. The post-conviction court held a hearing on August 9, 2011,

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and denied relief by written order dated September 14, 2011. At the hearing, the court heard the following evidence: Petitioner testified that he entered a guilty plea to one count of especially aggravated robbery in exchange for the agreed-upon sentence of thirteen and one-half years in prison to be served at 100%. He stated that he received a discovery packet from trial counsel and reviewed portions of it with her. He met with trial counsel every time he had a court date. When petitioner had to decide whether to plead guilty or stand trial, trial counsel met with him to discuss his options. Petitioner asked questions of trial counsel, which she answered. Trial counsel informed petitioner that she had retained an investigator to assist in preparing his case. One of the investigator's tasks was to visit the neighborhood, inquire about the victim, and investigate the store that was the scene of the crime. Petitioner stated that trial counsel "only briefly" reported the investigator's findings to him. He said that the investigator learned that the victim was a known drug dealer but nothing more. After petitioner entered the guilty plea, he learned that the victim had been incarcerated several times and that he had a pending drug charge. Petitioner claimed that had the information concerning the victim's criminal history been known to him prior to pleading guilty, he would not have entered the plea. Petitioner explained that his sentence, as he understood it, was thirteen and one-half years at 100%, "but by law they take fifteen percent, so it's eighty-five. So . . . at

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