State v. Anthony Goods

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON SEPTEMBE R SESSION, 1998 FILED October 26, 1998 ANTHONY K. GOODS, ) C.C.A. NO. 02C01-9712-CR-00479 ) Cecil Crowson, Jr. Appe llant, ) Appellate C ourt Clerk ) ) SHELBY COUNTY VS. ) ) HON. L.T. LAFFERTY STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Conviction) ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF SHELBY COUNTY FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON JOHN KNOX WALKUP Public Defender Attorney General and Reporter TONY N. BRAYTON PETER M. COUGHLAN Assistant Public Defender Assistant Attorney General 201 Poplar Avenue, Suite 2-01 425 5th Avenu e North Memphis, TN 38103 Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General RHEA CLIFT Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 OPINION FILED ________________________ AFFIRMED IN ACCOR DANCE W ITH 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 secon d deg ree m urder , attem pted s econ d deg ree m urder , espe cially aggravated robbery, and theft of property over the value of one thousand dollars. His effective sentence was fifty-five years to be served as a Range III persistent offender. He subsequently petitioned for post-conviction relief, alle ging th at his guilty pleas were not knowing and voluntary and that he received ineffective assistance of couns el. After con ducting a n eviden tiary hearin g on the post- conviction petition, the trial judge denied the petitioner’s claim. We affirm the judgm ent of the tria l court. The murder, attem pted murd er, and robbe ry convictions grew out of the Defe ndan t’s perpetra tion of an a rmed ro bbery of a store in M emph is. The the ft conviction was unrelated to the other crimes and involved the theft of an automobile. The Defendant essentially asserts that he did not understand the nature and consequences of his plea because his attorney did not adeq uately e xplain to him w hat forty -five pe rcent o f fifty-five ye ars ac tually meant as it relates to parole eligibility. The Defendant and his former attorney were the only witnesses who testified at the hearing on the petition for post-con viction relief. In its order denying the Defendant post-conviction relief, the trial court found that the proof -2- in the record “overwhelmingly” established that the pleas of guilty were know ingly, voluntarily, and intellige ntly entere d. The c ourt furthe r found th at the evidence did not suppo rt the petitioner’s a llegations of ineffective a ssistanc e of coun sel. From our review of this record, the evidence clearly supports the findings of the trial judge. No error of law requiring a reversal of the judgment is apparent on the record. Neither a detailed discussion of the facts nor a lengthy opinion concerning the law wou ld be of pre ceden tial value in this case. W e are sa tisfied that the result reached by the trial court is co rrect. Based upon a thorough reading of the record, the briefs of the parties, and the law governing the issues presented for review, the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee. ____________________________________ DAVID H. WELLES, JUDGE CONCUR: ___________________________________ PAUL G. SUMMERS, JUDGE ___________________________________ JOE G. RILEY, JUDGE -3-