# FILED May 6, 1999 Cecil Crowson, Jr. Appellate Cou rt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT JACKSON MARCH SESSION , 1999
STEVE TURNAGE, ) C.C.A. NO. 02C01-9803- CR-00074 ) Appe llant, ) ) SHELBY COUNTY V. ) ) HON. CAROLYN WADE ) BLACKE TT, J UDGE STATE OF TE NNE SSE E, ) ) Appellee. ) (POST -CON VICTIO N)
FOR THE APPELLANT : FOR THE APPELLEE : ROB ERT B. GAIA JOHN KNOX WALKUP Suite 3201-100 N. Main Buildi ng Attorney General& Reporter Memphis, TN 38103 ELIZA BETH T. RYAN Assistant Attorney General 2nd Floor, Cordel l Hull Bui lding 425 Fifth Avenu e North Nashvill e, TN 37243 JOH N W. P IERO TTI District Attorn ey Ge neral MICHAEL LEAVITT Assistant Distri ct Attor ney General Criminal Just ice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103

OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 THOMAS T. WOODALL, J UDGE-2- 

# ORDER
In this case, the Pe titioner, Steve Turn age, a ppea ls from the trial c ourt’s dismissal of his petition for post-co nviction relief fo llowing an evidentiary hearing
.

Or iginally charged with one (1) count of premeditated f irst de gre e murder, one (1) count of felony murder, and one (1)count of at tempted aggravated robbery, Petiti oner pled gui lty to f e lony murde r and attemp ted aggrava ted robbery a nd received sentences of li fe impriso nment with possi bilit y of parol e a nd six (6 ) years, res pectively, to b e served concu rrent with e ach oth er.

Petiti oner timely f iled apetiti on for post- convicti on relief . In thepetiti on and on appeal, heargues that he received t he ineffec tive assi stance of counseland thathis guilty plea s were in volunta ry. Rega rding the i ssue of vol untariness of the guilty pleas, Petitioner say s that he di d not unde rstand th e explanati on by the trial court of his right ag ainst self-inc riminati o n, and tha t his moth er was n ot allowed to discuss with him whet her or not heshould p lead gu ilty. Petiti oner was a juveni le at the ti me of the off

ense and the guil ty plea and had been transfer red to cri minal court to be tried a s an ad ult.

Trial coun sel tes tified du ring the eviden tia ry h earing. Hi s testi mony was contrary in all mate rial points to the testimony of Petitioner and P etitioner’s mother. In a detailed mem orandum of findings of fact and c onclusions o f law, the trial court dismissed the petiti on for post- convicti on relief . The trial court made findings of fact contrary to Petit ioner’s a llegati ons on both issues . The tri al court concluded that Petiti oner had not proven the facts alleged by clear and convi ncing evidenc e. W e-3-

have carefu lly reviewed t he record, and t he evidence does not preponderate against the finding s of the trial co urt.

The judgm ent dism issing the petition for p ost-con viction relief wa s rendered by the tr ial cou rt withou t a jury, th e judg men t is not a determi nation of guilt, and the evidence does not preponderate against t he findi ng of the trial court. There is no error of

law apparent on the record whi ch would r e quire a reversal of t he judgm ent of the tria l court.

It is, accor

dingly, ordered that

the judgment of t he trialcourt is affirmed in accordance wi th Rule 20 of t he Court of Cri minal Appeals of Tennessee.

____________________________________ THOMAS T. W OODALL, Judge

CONCUR:

___________________________________ GARY R. WA DE, Presiding J udge

___________________________________ JOSEPH M. TIPTON, Judge