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Posted by: Brittany Sims on Jun 10, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Elaine Heard, Nashville, Tennessee, for the appellant, Michael Martez Rhodes.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Katrin Miller, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Michael Martez Rhodes, appeals the denial of his petition for post-conviction relief. In a best interest plea agreement, the petitioner pled guilty to two counts of attempted aggravated sexual battery, Class C felonies, and received two four-year sentences. The trial court subsequently ordered that the sentences be served consecutively in the Department of Correction. On appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered due to the ineffectiveness of trial counsel. Specifically, he contends that trial counsel was ineffective because he “pushed” the petitioner to accept the guilty plea even though the petitioner maintained that he did not commit the acts for sexual gratification, an element of the offense. Following review of the record, we affirm the judgment of the post- conviction court.