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Posted by: Tanja Trezise on Mar 30, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Luke A. Evans and Caleb B. McCain, Murfreesboro, Tennessee, for the appellant, Jacob L. Peachy.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Jude P. Santana, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Jacob L. Peachy, appeals the Rutherford County Circuit Court’s denial of his petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, pled guilty to attempted aggravated burglary, a Class D felony, in exchange for a sentence of two years in confinement. On appeal, he contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, the petitioner contends that trial counsel was ineffective by improperly advising him that his sentence was to be served on probation. Following careful review of the record, we affirm the judgment of the post-conviction court.