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Posted by: Tanja Trezise on Aug 2, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

James O. Martin, III, Nashville, Tennessee, for the appellant, Darryl Thompson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Tory Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Darryl Thompson, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, pled guilty to second degree murder, a Class A felony, and was sentenced as a Range II offender to a term of forty years. 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 failing to properly advise him of the consequences of pleading outside his range. Following careful review of the record, we affirm the judgment of the post-conviction court.