Britt v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: May 18, 1998
• Docket: 03C01-9708-CC-00349
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED MARCH 1998 SESSION May 18, 1998

Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) C.C.A. 03C01-9708-CC-00349 ) BLEDSOE COUNTY ) Appellee, ) Hon. Buddy D. Perry, Judge ) vs. ) ( POST-CONVICTION ) ) No. 10540-A JAMES BRITT, ) ) Appellant. )

FOR THE APPELLANT: FOR THE APPELLEE:

JERRY B. BIBLE JOHN KNOX WALKUP 11 B Courthouse Square Attorney General & Reporter Suite B Jasper, TN 37347 ELIZABETH B. MARNEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493

JAMES MICHAEL TAYLOR District Attorney General

JAMES POPE Assistant District Attorney General 265 Third Avenue Dayton, TN 37321

OPINION FILED:_______________

AFFIRMED

CORNELIA A. CLARK Special Judge

OPINION On July 28, 1995, the petitioner plead guilty to one count of especially

aggravated robbery and one count of second degree murder. He was

sentenced as a range one offender on the aggravated robbery charge and

received a twenty year sentence. He agreed to plead upward as a range three

offender to second degree murder and received a sentence of forty-five years.

The sentences were run concurrently.

Petitioner subsequently filed a petition for post conviction relief, alleging

ineffective assistance of counsel that prevented him from knowingly and

voluntarily entering a guilty plea. He specifically asserted that appointed

counsel failed adequately to investigate the facts of the case, failed to prepare

a defense, failed sufficiently to explain the details of the plea agreement, and

failed to take into account his low intelligence level. Following an evidentiary

hearing, the trial court issued a comprehensive memorandum denying the

petitioner relief and addressing in detail each allegation raised.

We have carefully reviewed both the transcript of the original guilty plea

proceeding and the entire record of the post-conviction proceeding. We find

that the evidence does not preponderate against the trial court’s

comprehensive findings. Accordingly, the judgment below is affirmed in

accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

_____________________________ CORNELIA A. CLARK SPECIAL JUDGE

CONCUR:

_______________________________ JOHN H. PEAY JUDGE

_______________________________ PAUL G. SUMMERS JUDGE

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE

MARCH 1998 SESSION

STATE OF TENNESSEE, ) C.C.A. 03C01-9708-CC-00349 ) BLEDSOE COUNTY ) Appellee, ) Hon. Buddy D. Perry, Judge ) vs. ) (POST-CONVICTION) ) No. 10540-A JAMES BRITT, ) ) Appellant. )

JUDGMENT

Came the appellant, James Britt, by counsel and also came the attorney general on behalf of the State, and this case was heard on the record on appeal from the Circuit Court of Bledsoe County; and upon consideration thereof, this court is of the opinion that there is no reversible error in the judgment of the trial court.

Our opinion is hereby incorporated in this judgment as if set out verbatim.

It is, therefore, ordered and adjudged by this court that the judgment of the trial court is AFFIRMED, and the case is remanded to the Criminal Court of Bledsoe County for execution of the judgment of that court and for collection of costs accrued below.

Costs of this appeal will be paid by the appellant James Britt for which let execution issue.

PER CURIAM

John H. Peay, Judge Paul G. Summers, Judge Cornelia A. Clark, Special Judge