IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON MAY 1997 SESSION FILED June 26, 1997 Cecil Crowson, Jr. Appellate C ourt Clerk JIMMY L. MATHIS, ) ) C.C.A. NO. 02C01-9605-CC-00177 Appellant, ) ) HARDIN COUNTY VS. ) ) HON. C. CREED MCGINLEY, STATE OF TENNESSEE, ) JUDGE ) Appellant. ) (Post-conviction)

FOR THE APPELLANT: FOR THE APPELLEE:

GUY WILKINSON JOHN KNOX WALKUP Public Defender Attorney General & Reporter RICHARD W. DeBERRY ELLEN H. POLLACK Asst. Public Defender Asst. Attorney General P.O. Box 663 450 James Robertson Pkwy.

Camden, TN 38320 Nashville, TN 37243-0493 ROBERT (GUS) RADFORD District Attorney General JOHN OVERTON Asst. District Attorney General Hardin County Courthouse Savannah, TN 38372

OPINION FILED:____________________

AFFIRMED -- RULE 20

JOHN H. PEAY, Judge ORDER

The petitioner pled guilty to one count of aggravated sexual battery and was sentenced to eight years in the Department of Correction. He subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel and that his guilty plea was neither knowing nor voluntary. After a hearing, the court below denied relief, finding “nothing in the record that would imply that the petitioner was denied any right guaranteed by the constitutions of the United States or the State of Tennessee.”

Upon our review of the record, we find that the evidence does not preponderate against the lower court’s finding. Accordingly, the judgment below is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

______________________________ JOHN H. PEAY, Judge

CONCUR:

______________________________ GARY R. WADE, Judge

______________________________ THOMAS T. W OODALL, Judge