Billy Joe Sisk v. State

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE FILED AT KNOXVILLE August 12, 1999

Cecil Crowson, Jr. JUNE 1999 SESSION Appellate C ourt Clerk

BILLY JOE SISK, * C.C.A. # 03C01-9807-CC-00256

Appellant, * COCKE COUNTY

VS. * Honorable Ben W. Hooper II, Judge

STATE OF TENNESSEE, * (Post-Conviction)

Appellee. *

FOR THE APPELLANT: FOR THE APPELLEE:

SUSANNA LAWS-THOMAS PAUL G. SUMMERS Assistant Public Defender Attorney General & Reporter 102 Mims Avenue Newport, TN 37821-3614 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493

AL C. SCHMUTZER, JR. District Attorney General

JAMES BRUCE DUNN Assistant District Attorney General 339-A East Main Street Newport, TN 37821

OPINION FILED: _______________

AFFIRMED - RULE 20

JOHN EVERETT WILLIAMS, Judge OPINION

Billy Joe Sisk appeals from a judgment of the Circuit Court of Cocke

County dismissing his petition for post-conviction relief. The petitioner was

convicted of aggravated assault and second degree murder and was sentenced

to concurrent terms of three and eighteen years respectively. This Court

affirmed his convictions and sentences on direct appeal. See State v. Billy Joe

Sisk, Cocke County, No. 03C01-9410-CR-00367 (Tenn. Crim. App. filed January

17, 1997, at Knoxville).

On June 23, 1997, the petitioner filed a pro se motion for post-conviction

relief, alleging that his trial counsel was ineffective. The trial court granted an

evidentiary hearing and, finding no merit to the petitioners allegations, dismissed

the petition.

After carefully reviewing the record and arguments of counsel, we

conclude that the evidence does not preponderate against the findings of the trial

court, and we find no error of law mandating reversal. Therefore, pursuant to

Rule 20 of the Court of Criminal Appeals, we AFFIRM the judgment of the trial

court.

_____________________________ JOHN EVERETT W ILLIAMS, Judge

CONCUR:

____________________________ JOHN H. PEAY, Judge

_____________________________ DAVID G. HAYES, Judge

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