In 2012, a Rutherford County jury found Andrew T. Lee guilty of especially aggravated burglary, aggravated assault, tampering with evidence, evading arrest, and resisting arrest. Lee has now filed a petition for post-conviction relief after being sentenced to ten years in prison. The man claims that he was denied his right to a speedy trial and that he received ineffective counsel.

Lee was convicted of entering the home of a former girlfriend and attacking the female and her new boyfriend. Lee claims he should not have been charged with aggravated assault because the State never recovered the gun allegedly used in the crime that took place in Rutherford County. Lee attacked the female victim even though there was an order of protection in place barring him from being in contact with her. After the attack, he fled the scene.

During the trial the attorney for Lee fell ill and later died. The death moved the September 2012 sentencing to April of 2013 when he was convicted. Lee claimed that the sentencing should have taken place within 30-days of the conviction.

At the end of sentencing Lee signed a form showing that he waives his right to appeal the case. Lee says that he signed the waiver without reading or understanding it. Lee told the courts, "He believed that the waiver he signed was documenting that he would be paroled in eighteen months." But, on cross examination he stated that he did not read the document and simply signed it.

The state has since reviewed the appeal and agreed that the post-conviction court properly denied the case for sentencing relief. Therefore, 39-year old Lee will remain behind bars. His sentence ends shortly after his 46th birthday in 2023. His next parole hearing will be in year 2020.

Source:

Case No. M2014-02242-CCA-R3-PC - Filed January 19, 2016

Past Case HERE