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Britt v. State9/26/2002
I. PROCEDURAL HISTORY
On July 1, 1996, the Hamblen County Grand Jury charged the Petitioner, Jerry Elmer Britt, in an eight count presentment with one count of aggravated sexual battery; five counts of rape of a child; one count of possession with intent to sell or deliver a Schedule II controlled substance; and one count of possession with intent to sell or deliver a Schedule IV controlled substance. On the same date, the Hamblen County Grand Jury also charged the Petitioner in a separate presentment with six counts of the delivery of a Schedule II controlled substance.
On November 19, 1996, pursuant to a plea agreement, the Petitioner pleaded guilty to one count of possession with intent to sell a Schedule II controlled substance and to one count of possession with intent to sell or deliver a Schedule IV controlled substance. The Petitioner also entered an Alford plea to three counts of attempted rape of a child. See generally North Carolina v. Alford, 400 U.S. 25 (1970). Additionally, the Petitioner pleaded guilty to the six counts of the delivery of a Schedule II controlled substance that were the subject of a separate presentment.
Pursuant to the Petitioner's plea agreement, the trial court sentenced the Petitioner as a Range I, standard offender to twelve years incarceration for each conviction for attempted rape of a child; to six years incarceration for possession with intent to sell a Schedule II controlled substance; to four years incarceration for possession with intent to sell or deliver a Schedule IV controlled substance; and to six years incarceration for each conviction for the delivery of a Schedule II controlled substance. The court ordered that the three sentences for attempted rape of a child run concurrently with each other, and concurrently with the sentences for possession with intent to sell a Schedule II controlled substance and for possession with intent to sell or deliver a Schedule IV controlled substance. The court ordered that each of the six sentences for the delivery of a Schedule II controlled substance run consecutively to each other and consecutively to the effective sentence of twelve years for the three attempted rape of a child convictions and the other drug convictions. The Petitioner thus received concurrent effective sentences of twelve years followed by six consecutive sentences of six years each, for a total effective sentence of forty-eight years.
The following events then took place, as summarized by this Court in a prior opinion:
On August 26, 1997, petitioner filed a pro se petition for post-conviction relief. On August 28 the District Public Defender was appointed to represent the appellant. The matter was set for hearing November 14. The affidavit of Edward H. Moody, assistant public defender, reflects that by letter dated October 27, 1997, appellant requested an enlargement of time, or, if necessary, the right to dismiss and refile his petition. By order dated November 5, 1997, the court dismissed the petition without prejudice to a timely refiling.
On November 10, 1997, petitioner filed a new pro se petition for post-conviction relief. On February 9, 1998, the trial court entered an order appointing the District Public Defender to represent the defendant.
On March 5, 1998, defendant wrote a letter to his counsel purporting to discharge him from further representation. On March 20, 1998, the trial court relieved the District Public Defender from further representation. By order dated March 30, 1998, reflecting a hearing date of March 27, the court dismissed the petition without appointing alternate counsel and without conducting a hearing. The order reflects, however,
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