FILED

May 18, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

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. )

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