Court of Appeals rejects Sexton's
petition
By Thomas Wilson
STAR STAFF
twilson@starhq.com
The Tennessee Court of Appeals has turned down
a petition by a former Carter County woman seeking post-conviction
relief from her no-contest pleas for first-degree murder and
aggravated robbery.
The Court of Appeals ruled Donna Jean Sexton's
pleas were valid and she was not prejudiced in making them
regarding her time of incarceration despite "conflicting"
explanations of her sentence made by her defense attorneys.
The Appeals Court issued the ruling on Wednesday
after hearing Sexton's petition in August 2003.
Appeals Judge Joseph M. Tipton delivered the
opinion of the court, in which Judges John Everett Williams
and Alan E. Glenn joined. Sexton was convicted in the stabbing
death of Angela Whitehead Montgomery at the Valley Forge Market
on U.S. Highway 19E in June 1993.
Pursuant to her plea agreement, the trial court
sentenced Sexton to life with the possibility of parole for
the murder and eight years for the aggravated robbery, to
be served concurrently.
Sexton -- who was 21 years old when the crime
occurred -- is currently incarcerated at the Memphis facility
of the Tennessee Prison for Women. Sexton's then-boyfriend
William Matney Putman was charged with robbery and first-degree
murder in the death of Montgomery on June 14, 1993. Sexton
was with Putman when the crime occurred. The couple fled to
Florida where they were both apprehended less than one week
later.
Putman pleaded guilty to first-degree murder
in February 1995. He was sentenced to life in prison without
the possibility of parole. He is serving his sentence at the
South Central Correctional Center in Clifton, according to
the Tennessee Department of Corrections.
Sexton's petition argued that the post-conviction
court erred by concluding that her amended, comprehensive
petition was invalid because it was not properly verified
under oath. Her petition also contended that she received
ineffective assistance of counsel because her attorneys misinformed
her as to the length of her sentence and her pleas were not
knowingly and voluntarily made because the trial court never
informed her that she was waiving her constitutional rights.
At the post-conviction evidentiary hearing, Sexton
testified that she signed a statement her attorney had prepared
on her acceptance of the plea agreement, which stated that
she would receive 30 years in prison when she pleaded no contest
and that anything less would be determined at the discretion
of the parole board. She testified she did not learn that
her sentence was 60 years until she went to prison, and that,
if she had known her sentence was 60 years, she would have
gone to trial.
Sexton originally filed a petition to set aside
her pleas in 1996. Her petition requested a new trial alleging
that her pleas were unlawfully induced without her understanding
of the nature and consequences made by her defense attorneys
-- Mark Slagle and Tom Jessee.
In her plea statement entered in March 1995,
Sexton is reported as saying, "My attorneys have informed
me that a life sentence in Tennessee is served by serving
30 years in the Tennessee Department of Corrections." She
alleged in her affidavit dated July 21, 1996 "advice of counsel
was erroneous and contrary to the petitioner's best interest,
thus denying her effective assistance of counsel."
"It is now my understanding that the law applicable
to my case was that a life sentence in Tennessee was a 60-year
sentence. This was not explained to me by my lawyers," states
Sexton in her affidavit petitioning her plea be set aside.
The Court of Appeals refused to set aside the pleas in a ruling
issued in September 2002.
"Unquestionably, the advice the attorneys gave
the petitioner was conflicting and somewhat incorrect," the
court wrote. However, the court ruled that Sexton was not
prejudiced by the advice she received.
The Appeals Court noted that, at the post-conviction
hearing, Sexton was confusing the length of the sentence with
the length of actual confinement. The court wrote, "As for
the amount of time the petitioner was expecting to serve in
confinement, the trial court computed the actual confinement
to be 25 years, within the range that the petitioner's counsel
projected."
The court also said that the trial court acknowledged
that Sexton's attorneys provided her with conflicting parole
eligibility information and that her original release eligibility
date would have occurred after serving 60 percent of 60 years,
roughly 36 years. Although Sexton's parole eligibility at
the time of the hearing was set for 2028, her release eligibility
would occur after serving 25 years if she obtained normal
sentence reduction credits, the court wrote.
The court further ruled that Sexton's signing
of the "Acceptance of Plea Agreement" reflected that she understood
that she was pleading no contest to felony murder. She did
not testify at the post-conviction hearing regarding any lack
of understanding that she had relative to her plea to aggravated
robbery, according to the ruling.