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Posted by: Barry Kolar on Aug 8, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Kevin L. Loper, Chattanooga, Tennessee, for appellant, Robert E. Bostick.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; and William Hall, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Robert E. Bostick, was indicted by the Hamilton County Grand Jury for first degree murder, aggravated burglary, attempted aggravated burglary, Class E felony theft, and Class E felony vandalism. Pursuant to a negotiated plea agreement, Petitioner pled guilty to second degree murder, a lesser included offense of first degree murder and received an agreed sentence of 20 years at 100%. All other charges were dismissed pursuant to the plea agreement. Defendant timely filed a petition for post-conviction relief which was dismissed by the post-conviction court following an evidentiary hearing. Petitioner appeals, raising two issues: (1) The post-conviction court erred by ruling his guilty plea was intelligently and voluntarily entered, and (2) Petitioner should be allowed to obtain a “second opinion mental evaluation” in order to prove he was incapable of agreeing to a plea agreement voluntarily and intelligently. We affirm the judgment of the post-conviction court.