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11/19/90 STATE TENNESSEE v. RICKY MCCURRY

COURT OF CRIMINAL APPEALS OF TENNESSEE, AT KNOXVILLE


November 19, 1990

STATE OF TENNESSEE, APPELLEE,
v.
RICKY MCCURRY, APPELLANT

From Unicoi County, Hon. Thomas Seely, Judge. Post-Conviction.

Gary R. Wade, Judge. Adolpho A. Birch, Judge, Joseph M. Tipton, Judge, concur.

The opinion of the court was delivered by: Wade

The petitioner, Ricky McCurry, appeals from the trial court's denial of post-conviction relief.

The sole issue presented by this appeal is whether the guilty pleas to several felony offenses for which the petitioner received an effective sentence of 25 years were knowingly and voluntarily entered.

We affirm the judgment of the trial court.

The transcript of the petitioner's guilty pleas was presented at the evidentiary hearing. The petitioner claims that the trial court failed to inform the petitioner of his right to persist in a pleas of not guilty; failed to use appropriate language when advising of his right against self-incrimination; failed to inform the defendant that there would be not trial, only a sentencing hearing; and failed to advise that, after his plea, the petitioner might be asked questions about his offenses.

The petitioner complains that the trial court's admonitions did not substantially comply with State v. Mackey, 553 S.W.2d 337 (Tenn. 1977). We disagree.

The warnings provided by the trial court prior to the petitioner's guilty pleas met each of the requirements of Mackey. As to the petitioner's allegation that he was not properly informed of his right against self-incrimination, the record established that he received the following advice:

The matter of whether or not you would testify, would be entirely up to you. That is you could take the stand and testify, but you couldn't be forced to take the witness stand. Now, do you understand all of that?

We think this language substantially complies with Mackey. State v. Newsome, 778 S.W.2d 34 (Tenn. 1989). The remaining omissions do not rise to a constitutional level. Housler v. State, 749 S.W.2d 758 (Tenn. Crim. App. 1988). Moreover, the admonitions provided at the submission hearing were clearly adequate and established that the petitioner's guilty pleas were knowingly and voluntarily made.

The judgment of the trial court is affirmed.

19901119

© 1997 VersusLaw Inc.



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