FILED

May 6, 1999

Cecil Crowson, Jr.

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

MARCH SESSION, 1999

STEVE TURNAGE, ) C.C.A. NO. 02C01-9803-CR-00074

)

Appellant, )

) SHELBY COUNTY

V. ) 

) HON. CAROLYN WADE 

) BLACKETT, JUDGE

STATE OF TENNESSEE, )

)

Appellee. ) (POST-CONVICTION) 

FOR THE APPELLANT: FOR THE APPELLEE:

ROBERT B. GAIA JOHN KNOX WALKUP 

Suite 3201-100 N. Main Building Attorney General & Reporter

Memphis, TN 38103

ELIZABETH T. RYAN 

Assistant Attorney General

2nd Floor, Cordell Hull Building

425 Fifth Avenue North

Nashville, TN 37243

JOHN W. PIEROTTI 

District Attorney General 

MICHAEL LEAVITT

Assistant District Attorney General

Criminal Justice Center, Suite 301

201 Poplar Avenue 

Memphis, TN 38103

OPINION FILED ________________________

AFFIRMED PURSUANT TO RULE 20

THOMAS T. WOODALL, JUDGE
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ORDER

In this case, the Petitioner, Steve Turnage, appeals from the trial court’s

dismissal of his petition for post-conviction relief following an evidentiary hearing. 

Originally charged with one (1) count of premeditated first degree

murder, one (1) count of felony murder, and one (1) count of attempted aggravated

robbery, Petitioner pled guilty to felony murder and attempted aggravated robbery

and received sentences of life imprisonment with possibility of parole and six (6)

years, respectively, to be served concurrent with each other. 

Petitioner timely filed a petition for post-conviction relief. In the petition

and on appeal, he argues that he received the ineffective assistance of counsel and

that his guilty pleas were involuntary. Regarding the issue of voluntariness of the

guilty pleas, Petitioner says that he did not understand the explanation by the trial

court of his right against self-incrimination, and that his mother was not allowed to

discuss with him whether or not he should plead guilty. Petitioner was a juvenile at

the time of the offense and the guilty plea and had been transferred to criminal court

to be tried as an adult. 

Trial counsel testified during the evidentiary hearing. His testimony was

contrary in all material points to the testimony of Petitioner and Petitioner’s mother.

In a detailed mem orandum of findings of fact and conclusions of law, the trial court

dismissed the petition for post-conviction relief. The trial court made findings of fact

contrary to Petitioner’s allegations on both issues. The trial court concluded that

Petitioner had not proven the facts alleged by clear and convincing evidence. We
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have carefully reviewed the record, and the evidence does not preponderate against

the findings of the trial court.

The judgment dismissing the petition for post-conviction relief was

rendered by the trial court without a jury, the judgment is not a determination of guilt,

and the evidence does not preponderate against the finding of the trial court. There

is no error of law apparent on the record which would require a reversal of the

judgment of the trial court.

It is, accordingly, ordered that the judgment of the trial court is affirmed

in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

____________________________________

THOMAS T. W OODALL, Judge

CONCUR:

___________________________________

GARY R. WADE, Presiding Judge

___________________________________

JOSEPH M. TIPTON, Judge