IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
GARY S. MAYES,
AT NASHVILLE
)
FILED
) C.C.A. NO. 01C01-9704-CR-00137
November 14, 1997
Appellant, )
) DAVIDSON COUNTY
Cecil W. Crowson
VS. ) (No. 2528 Below)
Appellate Court Clerk
)
STATE OF TENNESSEE, ) The Hon. Cheryl Blackburn
)
Appellee. ) (Dismissal of Habeas Corpus Petition)
ORDER
This matter is before the Court upon the state's motion to affirm the judgment
of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
petitioner is appealing the trial court's denial of his petition for writ of habeas corpus. In
April of 1993, the petitioner was indicted on one count of aggravated sexual battery, and
subsequently pled guilty to the same. In the present appeal, the petitioner contends the
judgment entered against him is void because the indictment failed to allege the mens rea
of the offense charged.
Regardless of whether this type claim should be raised in a petition for writ
of habeas corpus, on the merits, the petitioner is not entitled to relief based on our
Supreme Court’s recent opinion in State v. Roger Dale Hill, Sr., No. 01S01-9701-CC-00005
(Tenn. Nov. 3, 1997).
IT IS, THEREFORE, ORDERED that the judgment of the trial court is
affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. The petitioner
being indigent, costs are taxed to the state.
ENTER, this the ____ day of November, 1997.
_____________________________
THOMAS T. WOODALL, JUDGE
CONCUR:
_____________________________
DAVID H. WELLES, JUDGE
_____________________________
JERRY L. SMITH, JUDGE