IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED NOVEMBER 1998 SESSION January 7, 1999 Cecil W. Crowson Appellate Court Clerk MARVIN K. MASSEY, ) ) C.C.A. No. 01C01-9711-CR-00520 Appellant, ) ) Davidson County V. ) ) Honorable J. Randall Wyatt, Jr., Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE: Thomas Edward Nelson John Knox Walkup Third Ave., N. Attorney General & Reporter Nashville, TN 37201 Kim R. Helper Assistant Attorney General Criminal Justice Division Fifth Avenue North Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Lila Statom Assistant District Attorney General Washington Square, Suite 500 Second Ave., N.

Nashville, TN 37201-1649

ORDER FILED: ___________________

AFFIRMED PURSUANT TO RULE 20

PAUL G. SUMMERS, Judge ORDER The petitioner pled guilty to second-degree murder in exchange for a twenty-two year sentence. No direct appeal was taken. The petitioner subsequently filed the instant petition alleging that he received ineffective assistance of counsel. After a hearing the trial court denied relief, finding that the petitioner received “sound advice from counsel [and] detailed instruction by the Court.”

Upon our review of the record, we find that the evidence does not preponderate against the trial court's findings. We further find that no error of law requiring reversal or other action is apparent on the record. Accordingly, the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

It is so ordered.

__________________________ PAUL G. SUMMERS, Judge

CONCUR:

_____________________________ JOE G. RILEY, Judge

_____________________________ L. T. LAFFERTY, Senior Judge

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