Steven Tyler Nabi v. State of Tennessee


04/30/2019 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 16, 2019 STEVEN TYLER NABI v. STATE OF TENNESSEE Appeal from the Circuit Court for Robertson County Nos. 2013-CR-630, 2013-CR-635 William R. Goodman, III, Judge ___________________________________ No. M2018-01449-CCA-R3-PC ___________________________________ Following a reversal and remand of this case for the post-conviction court to make appropriate findings of fact and conclusions of law, Steven Tyler Nabi v. State, M2017- 00041-CCA-R3-PC, 2018 WL 1721869, at *5-6 (Tenn. Crim. App. Apr. 9, 2018), the post-conviction court denied relief a second time. On appeal, the Petitioner, Steven Tyler Nabi, argues that his guilty pleas were not knowing, intelligent, or voluntary. We affirm the judgment of the post-conviction court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed CAMILLE R. MCMULLEN, J., delivered the opinion of the court, in which JAMES CURWOOD WITT, JR. and D. KELLY THOMAS, JR., JJ., joined. William F. Kroeger, Springfield, Tennessee, for the Petitioner, Steven Tyler Nabi. Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Assistant Attorney General; John W. Carney, Jr., District Attorney General; and Jason C. White, Assistant District Attorney General, for the Appellee, State of Tennessee. OPINION Factual Background. The Petitioner was indicted in case number 2013-CR-635 for one count of aggravated robbery, one count of conspiracy to commit aggravated robbery, and one count of aggravated assault, all of which were alleged to have occurred on August 16, 2013. The Petitioner was also indicted in case number 2013-CR-630 for one count of aggravated robbery that was alleged to have occurred on August 19, 2013. The State then filed a notice of its intent to seek enhanced punishment in both cases. Trial. On February 3, 2014, the Petitioner’s trial began in case number 2013-CR- 635. At a pretrial hearing, the State informed the trial court that it was dismissing the conspiracy to commit aggravated robbery count and was proceeding on the aggravated robbery and aggravated assault counts. Thereafter, at trial, the State presented testimony from the victim, Brandon Moss, as well as testimony from Jessica Brown, Officer Littlejohn, and Kevin Williams. The victim testified that he was staying with his father in White House, Tennessee, when he met a woman, Kaygen Bailey,1 online. Thereafter, Bailey invited the victim to meet her at the Deerfield Inn in Greenbrier, Tennessee, and the victim acknowledged that he was “looking to have sex” with Bailey. On August 16, 2013, the victim was waiting outside this motel when Bailey arrived in a white Ford Explorer driven by another woman. The victim greeted Bailey, and when he reached inside his vehicle for some beer, he was suddenly hit in the back of the head with a large object. The victim quickly backed up and saw the Petitioner, who pointed a large, silver revolver at him and told him to hand over his wallet or he would kill him. The victim, who feared for his life, immediately gave the Petitioner his ...

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