Stanley Adams v. State of Tennessee

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

JANUARY 1997 SESSION FILED March 26, 2008

Cecil Crowson, Jr. Appellate Court Clerk

STANLEY ADAMS, ) ) C.C.A. No. 02C01-9505-CR-00142 Appellant, ) ) Shelby County V. ) ) Honorable Joseph B. McCartie, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE:

Roseanne Ballin Charles W. Burson Attorney at Law Attorney General & Reporter 4515 Poplar Avenue, Suite 527 Memphis, TN 38117-7584 Clinton J. Morgan Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493

William L. Gibbons District Attorney General (Present)

John W. Pierotti District Attorney General (Former)

Rhea Clift Asst. Dist. Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103

OPINION FILED: ___________________

AFFIRMED

PAUL G. SUMMERS, Judge OPINION

The appellant, Stanley Adams, was indicted for first degree murder and

especially aggravated robbery. The state sought the death penalty. Pursuant to

a negotiated plea, however, the appellant pled guilty to second degree murder

and aggravated robbery. He was sentenced to 45 years for second degree

murder and 15 years for aggravated robbery. The sentences were ordered to be

served concurrently.

The appellant sought post-conviction relief. He alleged that he received

ineffective assistance of counsel. The trial court denied his petition. This Court

affirmed that denial. The appellant filed a second pro se petition attacking the

legality of his sentence. The trial court denied relief and appointed counsel to

represent the appellant on appeal. On appeal, the appellant argues involuntary

and unknowing plea. Upon review, we affirm.

In essence, the appellant challenges his sentence as illegal. He

maintains that a 45 year sentence is a Range III sentence for second degree

murder. He, however, did not qualify as a Range III offender, he argues.

The trial court found that the appellant's sentence was within Range III.

The court held that pursuant to State v. Mahler, 735 S.W.2d 226, 228 (Tenn.

1987), the appellant "waived any right of appeal in the guilty plea proceedings,

and expressly agreed to be sentenced with the classification and parole eligibility

imposed." The court also noted that "the sentence was not illegal because it was

within the range imposed by law for Murder Second (in this case, 15 to 60

years). Id. at 227."

Upon review, we find no error of law mandating reversal. The appellant

apparently agreed to the 45 year sentence to avoid the death penalty. Moreover,

-2- this Court previously found that trial counsel rendered competent representation.

We affirm.

__________________________ PAUL G. SUMMERS, Judge

CONCUR:

____________________________ DAVID G. HAYES, Judge

____________________________ THOMAS T. WOODALL, Judge

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