FILED

December 31, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

DECEMBER 1998 SESSION

ISAIAH HIGGS, * C.C.A. # 02C01-9801-CR-00021 

Appellant, * SHELBY COUNTY

VS. * Hon. Arthur T. Bennett, Judge

STATE OF TENNESSEE, * (Post-Conviction-First Degree Murder)

Appellee. *

For Appellant: For Appellee:

Linda K. Parson, Attorney John Knox Walkup

511 Jackson Street Attorney General and Reporter

Corinth, MS 38834

Marvin E. Clements, Jr. 

Assistant Attorney General

Cordell Hull Building, 2d Floor

425 Fifth Avenue North

 Nashville, TN 37243-0493

Glen Baity 

Assistant District Attorney General 

Criminal Justice Center, Third Floor

201 Poplar Avenue

Memphis, TN 38103 

OPINION FILED:__________________________

AFFIRMED

GARY R. WADE, PRESIDING JUDGE
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OPINION

The petitioner, Isaiah Higgs, appeals the trial court's denial of postconviction relief. In this appeal of right, the petitioner claims that his guilty pleas

were neither knowingly nor voluntarily entered. Because the evidence does not

preponderate against the findings to the contrary by the trial court, the judgment is

affirmed. 

While on trial for first degree and felony murder, attempted especially 

aggravated robbery, and four counts of attempted first degree murder, the petitioner,

on May 1, 1996, entered negotiated pleas of guilt to first degree murder, attempted

especially aggravated robbery (eight years), and two counts of attempted first

degree murder (fifteen years on each). A life sentence was imposed for the first

degree murder. As a result of the plea, the state withdrew a demand for the death

penalty. The trial court ordered concurrent sentences on all four counts. 

On April 9, 1997, the petitioner filed this petition for post-conviction

relief alleging that his convictions were based upon involuntary guilty pleas "entered

without understanding the nature and consequences of the pleas" and contending

that his trial counsel was ineffective for the failure to adequately investigate the

circumstances and communicate with his client. At the conclusion of the evidentiary

hearing, the trial court determined that defense counsel had met the professional

guidelines of representation and further concluded as follows: 

This court is satisfied that Petitioner was made fully

aware of all the consequences of his guilty plea and that

he entered into such plea knowingly and voluntarily. 

Petitioner testified that he had read the guilty pleas and

that he understood all the rights he was giving up by

pleading guilty. Petitioner alleges that he was forced to

plead guilty because threats were being made against

him and his family by two of his co-defendants. 

However, when accepting the guilty plea, petitioner made

no mention of any threats being made to him. Petitioner
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fully understood that he was entering the guilty plea

freely and voluntarily and [through review of the transcript

of the submission hearing] that no one could force or

compel him to enter a plea of guilty. 

In this appeal, the petitioner has withdrawn his claim that trial counsel

was ineffective but persists in his argument that the pleas were neither knowingly

nor voluntarily made. In a post-conviction proceeding, the petitioner has the burden

of proving his allegations by and clear and convincing evidence. Tenn. Code Ann.

§ 40-30-210(f). On appeal, the findings of the trial court are conclusive unless the

evidence preponderates otherwise. Graves v. State, 512 S.W.2d 603 (Tenn. Crim.

App. 1973). 

In Boykin v. Alabama, 395 U.S. 238 (1969), the United States

Supreme Court ruled that defendants should be advised of certain constitutional

rights before entering guilty pleas, including the right against self-incrimination, the

right to confront witnesses, and the right to a trial by jury. Id. at 243. The overriding

requirement under Boykin is that the guilty plea must be knowingly and voluntarily

made. Id. at 242-44. If the proof establishes that the defendant was aware of his

constitutional rights, he is entitled to no relief. Johnson v. State, 834 S.W.2d 922,

926 (Tenn. 1992).

In our view, the evidence does not preponderate against the trial

court's determination that the pleas were knowingly and voluntarily made. The

transcript establishes that at the guilty plea proceeding, the petitioner was advised of

his full panoply of constitutional rights. See State v. Neal, 810 S.W.2d 131 (Tenn.

1991), overruled in part by, Blankenship v. State, 858 S.W.2d 897 (Tenn. 1993). 

Accordingly, the judgment is affirmed. 
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________________________________

Gary R. Wade, Presiding Judge 

CONCUR:

_____________________________

Thomas T. Woodall, Judge 

_____________________________

John Everett Williams, Judge