State v. Marcus McCrary

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

MAY 1997 SESSION
FILED
July 2, 1997

Cecil Crowson, Jr.
Appellate C ourt Clerk
MARCUS McCRARY, )
) C.C.A. NO. 02C01-9701-CR-00002
Appellant, )
) SHELBY COUNTY
VS. )
) HON. W. FRED AXLEY,
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Post-conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

RICHARD F. VAUGHN CHARLES W. BURSON
1928 - 100 N. Main Attorney General & Reporter
Memphis, TN 38103
DEBORAH A. TULLIS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493

WILLIAM L. GIBBONS
District Attorney General

ALANDA HORNE
Asst. District Attorney General
201 Poplar Ave. -- 3rd Floor
Memphis, TN 38103

OPINION FILED:____________________

AFFIRMED -- RULE 20

JOHN H. PEAY,
Judge
OPINION

The petitioner pled guilty to one count of voluntary manslaughter for which

he received a plea bargained sentence of six years to be served consecutively to a prior

sentence. He subsequently filed for post-conviction relief alleging ineffective assistance

of counsel, and that his guilty plea was not entered knowingly and voluntarily because he

thought his six year sentence was going to be served concurrently with the prior

sentence. After a hearing, the court below denied relief finding “no substantial evidence

that [the petitioner’s lawyer] failed to consult with and advise [him] with a reasonable

exercise of professional discretion” and that her “performance fell well within the

acceptable range of competency for lawyers in criminal cases.” The court below further

found that the petitioner’s guilty plea “was knowingly made and that adequate measures

were employed to assure the protection of [his] constitutionally guaranteed rights.” Upon

our review of the record, we find that the evidence does not preponderate against the

lower court’s findings. Accordingly, the judgment below is affirmed in accordance with

Rule 20 of the Court of Criminal Appeals of Tennessee.

_________________________________
JOHN H. PEAY, Judge

CONCUR:

______________________________
GARY R. WADE, Judge

______________________________
THOMAS T. WOODALL, Judge