IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON FEBRUARY 1998 SESSION FILED March 11, 1998 GREGORY EARL JACKSON, ) Cecil Crowson, Jr. ) Appellate C ourt Clerk APPELLANT, ) ) No. 02-C-01-9706-CR-00206 ) ) Shelby County v. ) ) W. Fred Axley, Judge ) ) (Post-Conviction Relief) STATE OF TENNESSEE, ) ) APPELLEE. )

FOR THE APPELLANT: FOR THE APPELLEE: William W. Nowlin John Knox Walkup Attorney at Law Attorney General & Reporter North Main Bldg., Suite 3201 425 Fifth Avenue, North Memphis, TN 38103 Nashville, TN 37243-0493 Deborah A. Tullis Assistant Attorney General Fifth Avenue, North Nashville, TN 37243-0493 William L. Gibbons District Attorney General Poplar Avenue, Suite 3-01 Nashville, TN 38103 Rhea Clift Assistant District Attorney General Poplar Avenue, Suite 3-01 Memphis, TN 38103

OPINION FILED:___________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge OPINION

The appellant, Gregory Earl Jackson (petitioner), appeals as of right from a judgment of the trial court dismissing his action for post-conviction relief. In this court, the petitioner contends the evidence contained in the record establishes he was denied his constitutional right to the effective assistance of counsel prior to and during his guilty plea.

The evidence consisted of the testimony of the petitioner and the attorney who represented him. The testimony of these two witnesses conflicts as to every material issue, and the conflicts cannot be reconciled.

After a thorough review of the record, the briefs submitted by the parties, and the law which governs the issue presented for review, it is the opinion of this court that the judgment should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.

The evidence contained in the record does not preponderate against the findings of fact made by the trial court. Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990).

_______________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________ JOHN H. PEAY, JUDGE

______________________________________ THOMAS T. WOODALL, JUDGE