IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
SEPTEMBE R SESSION, 1999 October 13, 1999
Cecil Crowson, Jr.
TOMMY LEE KELLEY, ) Appellate Court Clerk
C.C.A. NO. 01C01-9811-CR-00452
)
Appe llant, )
)
) DAVIDSON COUNTY
VS. )
) HON . J. RAND ALL W YATT, J R.,
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Post-Conviction)
ON APPEAL FROM THE JUDGMENT OF THE
CRIMINAL COURT OF DAVIDSON COUNTY
FOR THE APPELLANT: FOR THE APPELLEE:
JENNIFER LYNN THOMPSON PAUL G. SUMMERS
715 Crescent Road Attorney General and Reporter
Nashville, TN 37205
MARK E. DAVIDSON
Assistant Attorney General
425 Fifth Avenu e North
Nashville, TN 37243
VICTOR S. JOHNSON
District Attorney General
BRET T. GUINN
Assistant District Attorney General
Washington Square, Suite 500
222 Se cond A venue N orth
Nashville, TN 37201-1649
ORDER FILED ________________________
AFFIRMED IN ACCORDANCE WITH RULE 20
DAVID H. WELLES, JUDGE
ORDER
The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial cour t’s denial of h is petition for p ost-
conviction relief. In a negotiate d plea ag reeme nt, the De fendan t pleaded guilty
to two cou nts of aggravated burglary. His agreed sentence for each conviction
was seven ye ars as a R ange II multip le offender, with the sentences to be served
concurren tly. He sub seque ntly petitione d for pos t-conviction relief, alleging that
his guilty pleas were not knowing and voluntary and that he received ineffective
assistance of counsel. After conducting an evidentiary hearing on the p ost-
conviction petition, the trial judge denied the Defendant’s claim. We affirm the
judgm ent of the tria l court.
The Defendant and his former attorney were the only witnesses who
testified at the hearing on the petition for post-conviction relief. In its order
denying the De fenda nt relief, th e trial court found that the Defendant was
effective ly repres ented by his trial couns el and tha t the Defe ndant’s g uilty pleas
were knowin gly, voluntar ily and intellige ntly entered. The trial court accredited
the testimony of the Defendant’s former attorney and found “no credible evidence
to support the petitioner’s assertion of deficient representation and, obviously, no
resulting prejud ice to h is decision to plead guilty.” From our review of this record,
the evidence clearly supports the findings of the trial judge. No error of law
requiring a reversa l of the judg ment is a pparen t on the rec ord. W e are satisfied
that the res ult reache d by the trial c ourt is corre ct.
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Based upon a thorough reading of the reco rd, the briefs of the parties, and
the law governing the issues presented for review, the judgm ent of the trial court
is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of
Tennessee.
____________________________________
DAVID H. WELLES, JUDGE
CONCUR:
___________________________________
JOHN H. PEAY, JUDGE
___________________________________
JOHN EVERETT WILLIAMS, JUDGE
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