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Posted by: Tanja Trezise on Mar 31, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Ryan C. Caldwell, Nashville, Tennessee, for the Appellant, Rolly William Whitford.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the Appellee, State of Tennessee.


The Petitioner, Rolly William Whitford, pled guilty to sexual battery and rape, with the trial court to determine the length and manner of service of his sentence. The trial court imposed an effective sentence of twelve years, to be served in the Tennessee Department of Correction. This Court affirmed the Petitioner’s sentence on appeal. State v. Rolly William Whitford, No. M2009-02525-CCA-R3-CD, 2011 WL 255310 at *1 (Tenn. Crim. App., at Nashville, Jan. 20, 2011), perm. app. denied (Tenn. May 25, 2011). The Petitioner timely filed a petition seeking post-conviction relief, asserting that his guilty plea was not entered knowingly and voluntarily, which the post-conviction court denied after a hearing. The Petitioner now appeals, maintaining that his guilty pleas were not entered knowingly and voluntarily because he was never advised of the lifetime supervision requirement for sex offenders. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment.