Hawkins v. State

Court of Criminal Appeals of Tennessee

Hawkins v. State

634 S.W.2d 670, 1982 Tenn. Crim. App. LEXIS 371

CourtCourt of Criminal Appeals of Tennessee

DecidedApril 19, 1982

StatusPublished

This text of 634 S.W.2d 670 (Hawkins v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hawkins v. State, 634 S.W.2d 670, 1982 Tenn. Crim. App. LEXIS 371 (Tenn. Ct. App. 1982).

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Opinion

TATUM, Judge.

The petitioner, Ernest Hawkins, has filed a petition for certiorari seeking to attack a bargained guilty plea. He entered a guilty plea to first degree murder and received a bargained sentence of life imprisonment. He seeks to set aside the guilty plea on the ground that his codefendants, who went to trial, were convicted only of involuntary manslaughter.

The State resists on the ground that the common law petition for certiorari is not available to defendant. There is no allegation that the guilty plea was involuntary, coercively made, or made without proper knowledge and advice. The law provides no mode of appellate review from an un-coerced guilty plea, knowingly and voluntarily made. Capri Adult Cinema v. State, 537 S.W.2d 896 (Tenn.1976); Roe v. State, 584 S.W.2d 257 (Tenn.Cr.App.1979). The petition alleges no facts which would invalidate the guilty plea.

The petition for writ of certiorari is denied.

WALKER, P. J., and DWYER, J., concur.

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TATUM, Judge.

The petitioner, Ernest Hawkins, has filed a petition for certiorari seeking to attack a bargained guilty plea. He entered a guilty plea to first degree murder and received a bargained sentence of life imprisonment. He seeks to set aside the guilty plea on the ground that his codefendants, who went to trial, were convicted only of involuntary manslaughter.

The State resists on the ground that the common law petition for certiorari is not available to defendant. There is no allegation that the guilty plea was involuntary, coercively made, or made without proper knowledge and advice. The law provides no mode of appellate review from an un-coerced guilty plea, knowingly and voluntarily made. Capri Adult Cinema v. State, 537 S.W.2d 896 (Tenn.1976); Roe v. State, 584 S.W.2d 257 (Tenn.Cr.App.1979). The petition alleges no facts which would invalidate the guilty plea.

The petition for writ of certiorari is denied.

WALKER, P. J., and DWYER, J., concur.

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Bluebook (online)

634 S.W.2d 670, 1982 Tenn. Crim. App. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-state-tenncrimapp-1982.

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