State v. John Childress

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
MARCH 1997 SESSION
FILED
May 16, 1997
STATE OF TENNESSEE, ) Cecil Crowson, Jr.
) Appellate C ourt Clerk
APPELLEE, )
) No. 02-C-01-9605-CC-00154
)
) Lauderdale County
v. )
) Joseph W. Walker, Judge
)
) (Expungement of Record)
JOHN M. CHILDRESS, )
)
APPELLANT. )
FOR THE APPELLANT: FOR THE APPELLEE:
John M. Childress, Pro Se John Knox Walkup
South Central Correctional Center Attorney General & Reporter
P.O. Box 279 500 Charlotte Avenue
Clifton, TN 38425 Nashville, TN 37243-0497
(Appeal Only)
Deborah A. Tullis
Gary Antrican Assistant Attorney General
District Public Defender 450 James Robertson Parkway
P.O. Box 700 Nashville, TN 37243-0493
Somerville, TN 38068
Elizabeth T. Rice
District Attorney General
302 Market Street
Somerville, TN 38068
OPINION FILED:_____________________________________________
REVERSED AND REMANDED
Joe B. Jones, Presiding Judge
OPINION
The issue presented for review by this appeal is the right of the appellant, John M.
Childress, to have five counts of an indictment dismissed as part of a plea bargain
agreement expunged. The trial court refused to expunge these counts of the indictment.
In this Court, the State of Tennessee confesses error, and agrees this case must be
remanded to the trial court for the expungement of these counts of the indictment. After
a thorough review of the record, the briefs submitted by the parties, and the law governing
the issue presented for review, it is the opinion of this Court the judgment of the trial court
should be reversed and this cause remanded for the entry of an order expunging the five
counts of the indictment.
The Lauderdale County Grand Jury returned an indictment charging the appellant
with seven counts of statutory rape. The appellant entered into a plea bargain agreement
with the State of Tennessee. The appellant entered pleas of guilty to Count I, especially
aggravated sexual exploitation of a minor, and Count II, statutory rape. The State agreed
to dismiss the five remaining counts of statutory rape.
The appellant is entitled to have Counts III through Count VII expunged. State v.
Terrence Liddle, Wilson County No. 01-C-01-9508-CR-00280 (Tenn. Crim. App., Nashville,
May 24, 1996). In Liddle, the defendant was charged with six counts of aggravated sexual
battery. Pursuant to a plea bargain agreement, the defendant entered a plea of guilty to
Count I of the indictment. The state nollied the remaining five counts of the indictment.
This Court held the defendant was entitled to have the five nollied counts expunged in
accordance with Tenn. Code Ann. § 40-32-101(a)(3).
This case is remanded to the trial court for the entry of an order expunging the five
counts of the indictment that were dismissed pursuant to the plea bargain agreement.
_____________________________________________
JOE B. JONES, PRESIDING JUDGE
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CONCUR:
______________________________________
GARY R. WADE, JUDGE
______________________________________
J. CURWOOD WITT, JR., JUDGE
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