# FILED
May 18, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMI NAL APPEALS OF TENNESSEE

AT KNOXVILLE MARCH 1998 SESSION

STATE OF TENNESSEE, ) C.C.A. 03C01-9708-CC-00349 ) BLEDSOE COUNTY ) Appellee, ) Hon. Buddy D. Perr y, 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 & Repor ter Suite B Jasper, TN 37347 ELIZABETH B. MARNEY Assistant Attorney Gener al Cordell Hull Buildi ng, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES MICHAEL TAYLOR District Attorney General JAMES POPE Assistant District A

ttorney General 265 Third Avenue Dayton, TN 37321

OPINION FILED:_______________

AFFIRMED

CORNELIA A. CLARK Special Judge

OPINIONOn 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 ag gravated robbery c harge and received a twenty

year sentence. He agr eed to plead upward as a rang e three offender to second degree murder and r eceived a sentence of forty- five years. The sentences were run concur rently. Petitioner subsequently filed a petition for post conv iction relief, allegi ng ineffective assistance of counsel that prevented him from knowingly and voluntarily enteri ng a guilty plea. He specifically asser ted that appointed counsel failed adequately to investigate the facts of the case, failed to prepare a defense, failed sufficiently to ex plain the details of the plea ag reement, and failed to take into account his low intelligence level. Following an evidentiary hearing, the trial cour

t issued a comprehensive memor andum denying the petitioner relief and address ing in detail each allegation raised. We have carefully reviewed bot h the transcript of the orig inal guilty plea proceeding and the entire r ecord of the post-convicti on 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 CR IMINAL A PPEALS OF TENN ESSEEAT KNOXVILLE MARCH 1998 SESS ION
STATE OF TENNESSEE, ) C.C.A. 03C01-9708-CC-00349 ) BLEDSOE COUNTY ) Appellee, ) Hon. Buddy D. Perr y, 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 rec ord on appeal from the Circuit Cour t of Bledsoe County; and upon consi deration thereof, this court is of the opin ion that there is no rev ersible error in the judgment of the trial court. Our opinion is hereby i ncorporated in this judg ment as if set out verbatim. It is, therefore, ordered and adj udged by this court that the judgment of the trial court is AFF IRMED, and the case is r emanded to the Criminal Court of Bledsoe County for executi on of the judgment of that court and for col lection of costs acc rued belo w. Costs of this appeal will be paid by the appellant James Britt for which let execution issue. PER CURI AM John H. Peay, Jud ge Paul G. Summe rs, Judge Cornelia A. Clark, Special Judge