State v. Pike
| Docket Number | W2023-00351-CCA-R3-CD |
| Decision Date | 25 January 2024 |
| Parties | STATE OF TENNESSEE v. ERIC PIKE |
| Court | Tennessee Court of Criminal Appeals |
Assigned on Briefs December 5, 2023
Appeal from the Circuit Court for Lauderdale County No. 11208 A Blake Neill, Judge
The Lauderdale County Grand Jury indicted Defendant, Eric Pike on one count of attempted second degree murder, one count of aggravated assault by strangulation, and one count of violating an order of protection. Pursuant to a plea agreement, Defendant pleaded guilty to the count of aggravated assault by strangulation, and the remaining counts were dismissed. Per the parties' agreement, the trial court classified Defendant as a Range III persistent offender and imposed a ten-year sentence. After a sentencing hearing the trial court ordered Defendant to serve this sentence in custody of the Tennessee Department of Correction (TDOC) and consecutively to an existing sentence for initiation of the process to manufacture methamphetamine. Defendant then filed a motion to withdraw his guilty plea, which the trial court denied. Defendant appeals, arguing: (1) the trial court erred in denying Defendant's motion to withdraw his guilty plea; and (2) the trial court abused its discretion by ordering Defendant to serve his sentence consecutively to his existing sentence. After review, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Bryan R. Huffman, Covington, Tennessee, for the appellant, Eric Pike.
Jonathan Skrmetti, Attorney General and Reporter; Benjamin A. Ball, Senior Assistant Attorney General; Mark E. Davidson, District Attorney General; and Joni R. Glenn, Assistant District Attorney General, for the appellee, State of Tennessee.
Matthew J. Wilson, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Robert W. Wedemeyer, JJ., Joined.
On the night of May 9, 2020, Claudia Fisher received a telephone call from her juvenile grandson that he had found the home of her daughter, Garianna Prince (the victim), ransacked and the glass of the door broken. After calling his grandmother, the child left to spend the night with a friend, and Mrs. Fisher made repeated telephone calls to her daughter which went unanswered. Along with her husband, Mrs. Fisher went to the victim's home the next morning and found the victim's car was missing. She and her husband entered the home through the broken back door, and discovered the victim in the attic. The victim was unconscious, foaming from the mouth, and taking shallow breaths. The victim had duct tape around her throat and her wrist. Paramedics transported the victim to a hospital where she was placed on a ventilator and remained unconscious for five days. Police officers visited the hospital, and observed bruising to the victim's face, neck, and knees and what appeared to be a carpet burn on her right knee.
Officers developed Defendant as a suspect and the likely cause of the victim's injuries. Defendant was formerly in a romantic relationship with the victim, and there was a history of abuse by Defendant and the victim, resulting in several prior court appearances.
Officers located Defendant's cellphone at Dana Burns's house, a location where law enforcement had previously interacted with Defendant. Defendant was not at Ms. Burns's when investigators arrived, but Ms. Burns shared with investigators that on May 9, 2020, Defendant asked her to inform his employer that he would not be at work that day. Afterward, Ms. Burns and Defendant drove to the victim's home. Though Ms. Burns remained in the vehicle, she could hear Defendant and the victim arguing inside the house. When Defendant exited the house, he looked visibly upset. He accused the victim of infidelity and shared with Ms. Burns that he wanted to hurt a man named John Burns who "had broken up his family."
Officers located and arrested Defendant on the evening of May 10, 2020. Defendant had an active warrant for violating his probation. He admitted to "assaulting" the victim by "hitting her multiple times" and "strangling" or "choking her to the point . . . where her airway was cutoff" but stated that he was trying to prevent her from swallowing Klonopin. Defendant said he left the victim in the attic "snoring." When officers asked Defendant why he never called to get the victim help, Defendant said he "should have." Officers found no Klonopin pills around the vicinity of the victim, and a toxicology report revealed no Klonopin in the victim's system.
At the time of his offense, Defendant was on probation and had a violation of probation warrant in Lauderdale County Circuit Court Case Number 9592 for initiation of the process to manufacture methamphetamine. On June 7, 2021, a Lauderdale County Grand Jury returned a three-count indictment charging Defendant with attempted second degree murder (Count 1), aggravated assault by strangulation (Count 2), and violating an order of protection (Count 3). The State filed a notice to seek enhanced punishment for Defendant based on his status as a career offender under Tennessee Code Annotated section 40-35-108.
Defendant reached a negotiated plea agreement with the State, and a guilty plea hearing was held on June 20, 2022. Pursuant to the agreement, Defendant pleaded guilty to Count 2, with an agreed-to sentence of ten years. Defendant also would be considered as a Range III persistent offender under Tennessee Code Annotated section 40-35-107, and would have a forty-five percent release eligibility date on his ten-year sentence. In exchange for Defendant's guilty plea, the other counts would be dismissed. The record contains a written plea agreement, which states that the trial court would "consider probation" or "house arrest," and whether the sentence would be "consecutive or not." The written agreement was signed by the State, Defendant's attorney, and the trial court.
At the plea hearing, the terms of the plea agreement were discussed by the parties. The State specified that at a later date, "the [c]ourt [would] determine the manner of service and whether it [would] run concurrent or consecutive to the current sentence [Defendant] is serving in TDOC custody." Defense counsel also noted:
[Defendant] understands that what he's pleading to, obviously, is a felony offense. In this case the length of time being [ten] years at [forty-five] percent with the [c]ourt to consider probation, house arrest or other relief and whether or not the sentences ought to run consecutive or concurrent at a future date at Your Honor's discretion with regard to the setting of that matter.
The trial court placed Defendant under oath, and reviewed the charges with Defendant. After Defendant indicated he understood the charges against him, the court reviewed the following terms of the plea agreement with Defendant:
Defendant further stated that he understood his right to plead not guilty and proceed to trial, his right to confront witnesses and cross-examine the witnesses at that trial, and his right against self-incrimination. Defendant assured the trial court that he was waiving those rights. Defendant stated he was satisfied with his legal representation, that he was freely and voluntarily entering the guilty plea, and that he did not have any questions for his attorney or for the court. Defendant acknowledged the plea agreement he reached with the State, and the court accepted his guilty plea.
Defendant's sentencing hearing was held on September 6, 2022. A presentence investigation report was prepared and exhibited to the hearing. At the time of the hearing, Defendant was forty-three years old, and a review of the report revealed convictions dating back to when he was eighteen. Defendant had a lengthy felony criminal history, with prior convictions for two counts of aggravated burglary, two counts of felony theft, conspiracy to distribute narcotics, initiation of the process to manufacture methamphetamine, and promoting the manufacture of methamphetamine. His prior misdemeanor convictions included domestic assault, five counts of simple assault, vandalism, two counts of possessing illegal narcotics, violating an order of protection, and multiple driving offenses. The report also revealed Defendant had completed several stints of inpatient drug rehabilitation and was attempting to obtain his GED after dropping out of high school in the eleventh grade. Defendant had a sporadic employment history, and no regular source of income. Defendant's validated risk and needs assessment score was "High Violent." At the time of the sentencing hearing, Defendant was serving a twelve-year sentence in TDOC for violating his probation in Lauderdale County Circuit Court Case Number 9592.
The State called the victim as a witness at the sentencing hearing. The victim stated that she and Defendant were in a relationship for fifteen years and described the relationship as violent and abusive. Throughout the relationship Defendant told the victim that she "should kill" herself, that her kids "don't need" her, and that her "kids hated" her. He used methamphetamine during their relationship and attempted rehabilitation "eight" times, but he "always" went back to...
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