State of Tennessee v. Raymond Earl McKay

The Appellant, Raymond Earl McKay, appeals the dismissal of his petition for post-conviction relief by the Fayette County Circuit Court. McKay pled guilty to one count of theft of property valued between $1,000 and $10,000, a Class D felony, and was sentenced, as a career offender, to twelve years in the Department of Correction. On appeal, he asserts that his plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. After review, we conclude that McKay received erroneous advise from counsel during the plea bargaining process, which resulted in the entry of an involuntary and unknowing guilty plea. Finding both deficient performance and prejudice, the case is remanded to the trial court for withdrawal of the guilty plea.