Ricky D. Hulsey v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: September 30, 1997
• Docket: 01C01-9609-CC-00399
• Status: Published

Opinion

FILED IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE September 30, 1997 AUGUST 1997 SESSION Cecil W. Crowson Appellate Court Clerk RICKY D. HULSEY, ) ) Appellant, ) C.C.A. No. 01C01-9609-CC-00399 ) vs. ) Lincoln County ) STATE OF TENNESSEE, ) Honorable Charles Lee, Judge ) Appellee. ) (Post Conviction) )

FOR THE APPELLANT: FOR THE APPELLEE:

HERSHELL D. KOGER JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 1148 Pulaski, TN 384781 EUGENE J. HONEA Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493

MICHAEL W. McCOWN District Attorney General

WEAKLEY E. BARNARD Assistant District Attorney General P.O. Box 904 Fayetteville, TN 37334

OPINION FILED: ____________________

AFFIRMED - RULE 20

CURWOOD WITT JUDGE OPINION

The petitioner, Ricky D. Hulsey, appeals the Lincoln County Circuit

Court's dismissal of his petition for post-conviction relief. The petitioner was

sentenced to a five year incarcerative term following his guilty pleas to the offenses

of aggravated assault and vandalism. After the petitioner filed his post-conviction

petition, the lower court appointed counsel, conducted a hearing, and denied the

requested relief in a well-drafted order setting forth the detailed findings of fact and

conclusions of law. In this appeal, the petitioner challenges the lower court's

determinations he did not enter his guilty pleas knowingly and voluntarily and that

he received the effective assistance of counsel. Having reviewed the record, we

affirm the judgment of the lower court pursuant to Rule 20 of the rules of this court.

In a post-conviction proceeding filed after May 10, 1995, the petitioner

has the burden of establishing his claims by clear and convincing evidence. Tenn.

Code Ann. § 40-30-210(f) (Supp. 1996). A trial court's findings of fact following a

post-conviction hearing have the weight of a jury verdict. Bratton v. State, 477

S.W.2d 754, 756 (Tenn. Crim. App.1971). On appeal, those findings are conclusive

unless the evidence preponderates against the judgment. Butler v. State, 789

S.W.2d 898, 900 (Tenn. 1990).

In the case at bar, the lower court found that the petitioner failed to

carry his burden of proving his allegations. In this court, he has likewise failed to

establish that the evidence preponderates against the lower court's findings. As a

result, we find no error of law requiring reversal. The lower court's judgment is

affirmed pursuant to Rule 20, Court of Criminal Appeals Rules.

_______________________________

2 CURWOOD WITT, JUDGE

CONCUR:

_______________________________ JOE G. RILEY JR., JUDGE

_______________________________ __________ WALKER, SPECIAL JUDGE

NOTE: NEED JUDGE WALKER'S FULL NAME