IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON FILED March 27, 2008 FEBRUARY 1997 SESSION Cecil Crowson, Jr. Appellate Court Clerk

MICHAEL SOUTH, ) C.C.A. NO. 02C01-9609-CR-00312 ) APPELLANT, ) SHELBY COUNTY ) VS ) HON. L. T. LAFFERTY, ) JUDGE STATE OF TENNESSEE, ) ) (Post Conviction - Aggravated Rape; APPELLEE. ) Aggravated Robbery)

FOR THE APPELLANT: FOR THE APPELLEE: ROBERT C. IRBY CHARLES W. BURSON 4345 Malory Ave., E Attorney General and Reporter Memphis, TN 38111 DEBORAH A. TULLIS Assistant Attorney General James Robertson Parkway Nashville, TN 37243-0493 JOHN W. PIEROTTI District Attorney General KEVIN R. RARDIN Assistant District Attorney Poplar Avenue, Suite 301 Memphis, TN 38103-1947

OPINION FILED:

AFFIRMED - RULE 20 ORDER

JOE G. RILEY, JUDGE ORDER This is an appeal from the trial court’s dismissal of a post-conviction relief petition. The appellant, Michael South, was convicted of aggravated rape and aggravated robbery and sentenced to serve 60 years and 30 years, respectively.

The sentences were ordered to be served consecutively. We affirm the dismissal of the petition.

In his petition seeking post-conviction relief, the sole issue was whether South had been denied effective assistance of counsel. After an evidentiary hearing, the trial judge filed an excellent, detailed opinion. The trial judge found that counsel’s performance was not deficient and denied relief. We have reviewed the briefs, transcript of the hearing, opinion and order denying relief and the entire appellate record. The evidence in the record does not preponderate against the findings and conclusions of the trial court.

The judgment of the trial court is AFFIRMED pursuant to Rule 20 of the Tennessee Court of Criminal appeals.

JOE G. RILEY, JUDGE

CONCUR:

JOE B. JONES, PRESIDING JUDGE

JOHN H. PEAY, JUDGE