IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON FILED MARCH SESSION , 1999 April 29, 1999 Cecil Crowson, Jr. Appellate Court Clerk LEROY D. JONES, ) C.C.A. NO. 02C01-9809-CC-00296 ) Appe llant, ) ) LAKE COUNTY V. ) ) ) HON. R. LEE MOORE, JR., JUDGE FRE D RAN EY, W ARDE N, ) ) Appellee. ) (HABEAS CORPUS)

FOR THE APPELLANT: FOR THE APPELLEE: LER OY D . JONE S, pro se JOHN KNOX WALKUP N.W.C.C. #267125 Attorney General & Reporter Route 1, Box 660 Tiptonville, TN 38079 CLINTON J. MORGAN Assistant Attorney General 2nd Floor, Cordell Hull Building Fifth Avenue North Nashville, TN 37243 C. PHILLIP BIVENS District Attorney General P.O. Drawer E.

Dyersburg, TN 38024

OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 THOMAS T. WOODALL, JUDGE ORDER In this case, the Petitioner, Leroy D. Jones, filed a petition for writ of habeas corpus in the Circuit Court of Lake County. He has appealed from the dismiss al of the pe tition by the trial c ourt witho ut an evid entiary he aring.

The record reflects that on Septe mbe r 3, 199 6, Petitio ner ple d guilty in the Criminal Court of Davidson County, Tennessee to the offense of second degree murder and two (2) coun ts of aggra vated robbe ry. The pleas were pursuant to a negotiated plea agreement. Petitioner had originally been indicted for first degree murder, felony murder, and three (3) counts of aggravated robbery. The sentence imposed pursuant to the agreem ent was fifteen (15 ) years for second degree murder as a 100% Violent offender, an d eight (8) years for ea ch aggrava ted robbery conviction as a standard 30% Range I offende r. The aggra vated robbe ries were ordered to be served concurrent with each other but consecutive to the second degree murde r senten ce.

In his petition, and in his brief on appeal, the Petitioner contends that he never agreed to serve the second degree murder sentence as a 100% Violent offender, that his guilty plea was therefore not knowingly and voluntarily entered, that he had in effective assista nce o f coun sel, an d that a s a res ult, his sentences shou ld be set aside. He argues that the murder sentence should be served as a Range I standard offender at 30% release eligibility, or in the alterna tive, that the co urt sho uld order all se ntence s to be se rved con currently.

-2- The petition for writ of habeas corpus was filed on September 8, 1998, and the trial court entered its order on September 15, 1998 summarily dismissing the petition as the relief requested and the subject matter covered were not proper for relief by petition for writ of habeas corpus. The trial court did not err by doing so.

The action taken by the tr ial court, w ithout a jury , was no t a determination of guilt, and the information in the record does n ot prepo nderate against the finding of the trial cou rt. There is no error of law in the record requiring a reversa l of the orde r of dismis sal entere d by the trial c ourt.

IT IS THERE FORE ORD ERED that the judgm ent of the trial court dismissing the petition for writ of habe as co rpus is affirme d in ac corda nce w ith Rule of the Court of Criminal Appeals of Tennessee.

____________________________________ THOMAS T. W OODALL, Judge

CONCUR:

___________________________________ GARY R. WA DE, Presiding Judge

___________________________________ JOSEPH M. TIPTON, Judge

-3-