Oscar Armando Delgado v. State of Tennessee

09/13/2018 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs May 16, 2018 OSCAR ARMANDO DELGADO v. STATE OF TENNESSEE Appeal from the Circuit Court for Marion County No. 10237, 9610-A Thomas W. Graham, Judge ___________________________________ No. M2017-01231-CCA-R3-PC ___________________________________ The Petitioner, Oscar Armando Delgado, appeals the denial of his petition for post- conviction relief, arguing that trial counsel was ineffective for not fully advising him of the immigration consequences of his plea or providing him with a Spanish language interpreter, thereby rendering his guilty plea unknowing and 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 Circuit Court Affirmed ALAN E. GLENN, J., delivered the opinion of the court, in which NORMA MCGEE OGLE and ROBERT H. MONTGOMERY, JR., JJ., joined. Russell S. Mainord, Altamont, Tennessee, for the appellant, Oscar Armando Delgado. Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Sherry Shelton, District Attorney General; and David O. McGovern, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION FACTS In October 2013, the Marion County Grand Jury indicted the Petitioner and Christina L. McLendon together for first degree premeditated murder based on the June 22, 2013 killing of Jeffrey A. Mora, and the Petitioner alone for tampering with evidence based on the Petitioner’s having concealed a machete used in the crime. The State subsequently filed a notice of its intent to seek life imprisonment without the possibility of parole, citing the aggravating circumstance that the murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death. On August 28, 2014, Ms. McLendon entered a best interest guilty plea to solicitation to commit first degree murder, a Class B felony, and was sentenced as a Range I offender to eight years in the Department of Correction. Pursuant to her negotiated plea, she agreed to testify truthfully in the case against the Petitioner. On September 14, 2015, the Petitioner pled guilty to the lesser offense of second degree murder in exchange for a sentence of twenty-five years at 100% in the Department of Correction, with credit given for the approximately three years he had spent in jail. The tampering with evidence charge was dismissed. At the guilty plea hearing, the prosecutor gave a fairly lengthy recitation of the facts on which the State would have relied had the case gone to trial. He stated that the Petitioner and Ms. McLendon had been in a relationship and had lived together off-and- on at the Alpine Lodge in Hamilton County. At the time of the murder, Ms. McLendon had moved out and was living temporarily in her vehicle. On June 21, 2013, Ms. McLendon loaned her vehicle to the victim, who was a friend and had helped her move out of the Alpine Lodge. When the victim failed to return with her vehicle at the end of ...

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