State v. Jimmy Mathis

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

MAY 1997 SESSION

FILED

June 26, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk

JIMMY L. MATHIS, )

) C.C.A. NO. 02C01-9605-CC-00177 Appellant, )

) HARDIN COUNTY

VS. )

) HON. C. CREED MCGINLEY, STATE OF TENNESSEE, ) JUDGE )

Appellant. ) (Post-conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

GUY WILKINSON JOHN KNOX WALKUP Public Defender Attorney General & Reporter

RICHARD W. DeBERRY ELLEN H. POLLACK Asst. Public Defender Asst. Attorney General P.O. Box 663 450 James Robertson Pkwy. Camden, TN 38320 Nashville, TN 37243-0493

ROBERT (GUS) RADFORD District Attorney General

JOHN OVERTON Asst. District Attorney General Hardin County Courthouse Savannah, TN 38372

OPINION FILED:____________________

AFFIRMED -- RULE 20

JOHN H. PEAY, Judge

ORDER

The petitioner pled guilty to one count of aggravated sexual battery and was

sentenced to eight years in the Department of Correction. He subsequently filed a

petition for post-conviction relief alleging ineffective assistance of counsel and that his

guilty plea was neither knowing nor voluntary. After a hearing, the court below denied

relief, finding “nothing in the record that would imply that the petitioner was denied any

right guaranteed by the constitutions of the United States or the State of Tennessee.”

Upon our review of the record, we find that the evidence does not preponderate against

the lower court’s finding. Accordingly, the judgment below is affirmed in accordance with

Rule 20 of the Court of Criminal Appeals of Tennessee.

______________________________

JOHN H. PEAY, Judge

CONCUR:

______________________________

GARY R. WADE, Judge

______________________________

THOMAS T. W OODALL, Judge