IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JANUARY 1997 SESSION FILED March 26, 2008 Cecil Crowson, Jr. Appellate Court Clerk STANLEY ADAMS, ) ) C.C.A. No. 02C01-9505-CR-00142 Appellant, ) ) Shelby County V. ) ) Honorable Joseph B. McCartie, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE: Roseanne Ballin Charles W. Burson Attorney at Law Attorney General & Reporter 4515 Poplar Avenue, Suite 527 Memphis, TN 38117-7584 Clinton J. Morgan Counsel for the State James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General (Present) John W. Pierotti District Attorney General (Former) Rhea Clift Asst. Dist. Attorney General Poplar Avenue, Third Floor Memphis, TN 38103

OPINION FILED: ___________________

AFFIRMED

PAUL G. SUMMERS, Judge OPINION

The appellant, Stanley Adams, was indicted for first degree murder and especially aggravated robbery. The state sought the death penalty. Pursuant to a negotiated plea, however, the appellant pled guilty to second degree murder and aggravated robbery. He was sentenced to 45 years for second degree murder and 15 years for aggravated robbery. The sentences were ordered to be served concurrently.

The appellant sought post-conviction relief. He alleged that he received ineffective assistance of counsel. The trial court denied his petition. This Court affirmed that denial. The appellant filed a second pro se petition attacking the legality of his sentence. The trial court denied relief and appointed counsel to represent the appellant on appeal. On appeal, the appellant argues involuntary and unknowing plea. Upon review, we affirm.

In essence, the appellant challenges his sentence as illegal. He maintains that a 45 year sentence is a Range III sentence for second degree murder. He, however, did not qualify as a Range III offender, he argues.

The trial court found that the appellant's sentence was within Range III.

The court held that pursuant to State v. Mahler, 735 S.W.2d 226, 228 (Tenn. 1987), the appellant "waived any right of appeal in the guilty plea proceedings, and expressly agreed to be sentenced with the classification and parole eligibility imposed." The court also noted that "the sentence was not illegal because it was within the range imposed by law for Murder Second (in this case, 15 to 60 years). Id. at 227."

Upon review, we find no error of law mandating reversal. The appellant apparently agreed to the 45 year sentence to avoid the death penalty. Moreover, -2- this Court previously found that trial counsel rendered competent representation.

We affirm.

__________________________ PAUL G. SUMMERS, Judge

CONCUR:

____________________________ DAVID G. HAYES, Judge

____________________________ THOMAS T. WOODALL, Judge

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