# FILED
December 11, 1998 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT NASHVILLE NOVEMBER 1998 SESSION
CHRISTOPHER D. CHATMAN, ) ) NO. 01C01-9710-CC-00484 Appellant, ) ) ROBERTSON COUNTY No. 9918 VS. ) ) HO N. ROBE RT W. WEDEMEYER , STATE OF TENN ESSEE, ) JUDGE ) Appellee. ) (Post-Conviction) ) ) AFFIRMED -

RULE 20
O R D E R Appellant, CHRISTOPHER D. CHATMAN, appeals the denial of his petiti on forpost-conviction rel ief. On November 30, 1995, appellant pled guilty to the Class C felony of sellin g cocaine and rece ived a Range II, multiple offender sentence of eightyears. To avoi d rese ntencing on three cases for w hich he was servi ng an effect ive twelve-year sentence on Community Corrections, he admit ted his Community Corrections violation. Pursuant to the plea agreement, the eight-year sente nce was ordered to run consecutiv ely to the twelv

e-year sentence for an effective twenty-y

ear sentence. In July1996, appellant filed a petition for post-convic tion relief. The petition claimed that the plea was inv oluntary and without un derstanding of the consequence of such a plea. It also alleg ed ineffective assistan ce of counsel. A p pellant’s amended petition further alleged that he understood the sentences would be concurrent. On August 15, 1997, an evidenti ary hearing was held. On October 17, 1997, the post -convi ction c

ourt ent ered a w ritten order de nying relief. According to trial counsel’s tes timony at the evide ntia ry hearing, the plea ag reement was for a Range II, eig ht-year sentence to run c onsecutively to

th e twelve-year

Community Corrections sentence which was revoked. He discussed the agreement with appellant as well as the possible consequences of going to trial,2

which included a Range III, pers istent offender conviction and r esentencing on the three Community Corrections violations. They discu ssed cons ecutive sentencing. Counsel never

told appellant that the twe lve-year sentence w ould “eat up” the

eightyear sentence (i.e., run concurrently). Counsel’s main concern was to avoid a very lengthy sentence for his client. Appellant’s post-conviction hearing testim onywas completely at odds with counsel’s testimony. Appellant testified that he never saw any of the evidence against him. He said he knew nothing about the drug case except that he had been charged. He claimed that he had no idea what

he was pleading to on N ovember 30. He further cl aimed that counsel told him the eig ht-year sentence woul d be concurrent

with the twelve-year sentence; he could do 120 days in “boot camp” and be placed on probation; and that he would get more time if h e went to trial. However, appellant acknowledged d uring cross-ex amination that he knew he could be re-sentenced on the Community Corrections viola

tion and that his five prio r convictions

could be considered at sentencing i f he went to trial. He also testified that he wanted toget out of jail as soon as possible and that his chief complaint is that he received a twenty-year sentence ra ther than a twelve-y

ear sentence. A review of the record shows that the judge at the guilty plea hearing clearly addressed each of appellant’s conce rns. He clearly addressed the question of
consecu tive sentencing. He gav e appel l ant ample opportunity to ex press any misunderstanding or diss atisfaction with the plea ag reement or its terms. The post-conviction judg e conduc ted a f ull evidentiary hearing and placed his findings in the record. In particular, we no te that he found appellant’s testimony to be “totally not credibl e.” The evidence do es not preponderate against these findings. Appellant’s claims are without merit

The judgment of the trial court is affirmed pursuant to Rule 20, Tenness ee Court of Criminal Appeals. It appearing that the

appellant is indigent, c

osts shall be taxed to the state.3 So ordered. Enter:

_______________________ JOE G. RILEY, JUDGE

CONCUR:

____________________________ PAUL G. SUMM ERS, JUDGE

____________________________ L.T. LAFFER

TY, SENIOR JUDGE