IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
OCTOBER 1998 SESSION
November 13, 1998
Cecil W. Crowson
Appellate Court Clerk
THOMAS LIGHT, ) C.C.A. NO. 01C01-9712-CC-00577
)
Appellant, ) LAWRENCE COUNTY NO. 18,790
)
VS. ) HON. WILLIAM B. CAIN,
) JUDGE
STATE OF TENNESSEE, )
) AFFIRMED - RULE 20
Appellee. )
ORDER
The petitioner appeals the trial court's denial of post-conviction relief. He
previously entered a best interest plea to one (1) count of aggravated sexual battery
with an agreed sentence of eight (8) years as a Range I, standard offender.
Petitioner contends his guilty plea was the result of ineffective assistance of
counsel. He further contends that the trial court erred accepting his plea in Maury
County when the indictment was pending in Lawrence County.
Petitioner alleges he was induced to plead guilty by counsel who told him that
he would receive the maximum sentence if he went to trial. He further alleges
counsel was ineffective for failing to interview the victim. Petitioner testified at the
post-conviction hearing that he was mentally disabled and on medication when he
entered the plea. Trial counsel's testimony differed from the petitioner's in all
relevant aspects.
Initially, we note the petitioner has failed to prove deficient performance. The
state originally offered petitioner a ten (10) year sentence, but trial counsel
negotiated it down to the minimum sentence of eight (8) years. Trial counsel could
not force the state to make the victim available for an interview; however, counsel
testified that she received a copy of the victim's statement and thoroughly reviewed
it with petitioner. Trial counsel also secured an evaluation of petitioner's
competency. He was declared both competent and sane.
The trial court found the petitioner thoroughly understood, and even stated
several times on the record, he was entering a plea that he felt was in his best
interests. The trial court also asked the petitioner if he was under the influence of
alcohol or drugs at the plea hearing. The petitioner responded negatively.
The guilty plea was entered in Maury County although the indictment was
pending in Lawrence County. However, this was discussed at the time of entry of
the plea. The petitioner orally agreed to the entry of the plea in Maury County.
Although Tenn. Code Ann. § 40-35-214 provides that waiver of venue is to be “in
writing,” the failure to utilize a written waiver in this instance was harmless error in
view of the petitioner’s express oral agreement.
The evidence does not preponderate against the findings of the trial court.
Further, the petitioner failed to demonstrate that, but for counsel's performance, he
would have insisted upon going to trial.
Accordingly, pursuant to Rule 20 of the Tennessee Court of Criminal
Appeals, we affirm the judgment of the trial court. Costs are taxed to the state as
the appellant is indigent.
All of which is so ORDERED. ENTER:
________________________
JOE G. RILEY, JUDGE
CONCUR:
_________________________
PAUL G. SUMMERS, JUDGE
_________________________
JOSEPH M. TIPTON, JUDGE
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