Opinion
No. 02-C-01-9701-CC-00027.
April 1, 1998.
Obion County, Honorable William B. Acree, Jr., Judge, (Post-Conviction Relief).
FOR THE APPELLANT:
Charles P. Roney, Attorney at Law.
FOR THE APPELLEE:
John Knox Walkup, Attorney General Reporter, Janis L. Turner, Counsel for the State, Thomas A. Thomas, District Attorney General, James T. Cannon, Assistant District Attorney General.
OPINION
The appellant, Sherman Sanders, also known as Neilton E. Sanders (petitioner), appeals as of right from a judgment of the trial court dismissing his post-conviction action following an evidentiary hearing. The trial court found the petitioner was afforded the effective assistance guaranteed by the United States and Tennessee Constitutions; and pleas of guilty entered by the petitioner were voluntarily, understandingly, and intelligently entered. In this court, the petitioner contends the evidence contained in the record preponderates against the trial court's findings of fact. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. The evidence clearly does not preponderate against the trial court's findings of fact.
The petitioner and the attorney who represented the petitioner testified at the evidentiary hearing. The testimony conflicts on every material fact. Their testimony cannot be reconciled. The trial court accredited the testimony of the attorney. The transcript of the submission hearing supports the trial court's findings of fact. The transcript refutes parts of the petitioner's testimony.
_____________________________________ JOE B. JONES, PRESIDING JUDGE
CONCUR:
____________________________________ PAUL G. SUMMERS, JUDGE
____________________________________ DAVID G. HAYES, JUDGE