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Posted by: Tanja Trezise on Apr 16, 2013

Head Comment: CORRECTION: The date filed should have been April 15, 2013 instead of April 15, 2014.

Court: TN Court of Criminal Appeals

Attorneys 1:

James A. H. Bell and Randall E. Reagan (on appeal), and James A.H. Bell and Edward Holt, Jr. (at trial), Knoxville, Tennessee, for the Defendant-Appellant, Kevin Glenn Tipton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Randall E. Nichols, District Attorney General; and Kyle Hixson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Pursuant to a plea agreement, the Defendant-Appellant Kevin Glenn Tipton agreed to enter a guilty plea to one count of felony driving under the influence of an intoxicant (DUI) in exchange for a sentence of one year, which was suspended after service of the mandatory minimum sentence of 150 days in confinement. At the plea submission hearing, the trial court accepted Tipton’s guilty plea and imposed the agreed upon sentence but reserved judgment until October 6, 2010. On October 5, 2010, Tipton’s newly retained counsel filed a notice of appearance. On October 22, 2010, Tipton, through his newly retained counsel, filed a motion to withdraw his guilty plea, alleging that trial counsel provided ineffective assistance. Following a hearing, the trial court denied the motion. On appeal, Tipton argues that the trial court erred by (1) applying the “manifest injustice” standard under Tennessee Rule of Criminal Procedure 32(f)(2), and (2) denying his motion to withdraw his guilty plea. Upon review, we affirm the judgment of the trial court.