Charles Ray Dowling v. State ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
FILED
May 5, 1999
JANUARY 1999 SESSION
Cecil Crowson, Jr.
Appe llate Court C lerk
CHARLES RAY DOWLING, )
)
Appellant, ) C.C.A. No. 03C01-9801-CC-00039
)
vs. ) Blount County
)
STATE OF TENNESSEE, ) Hon. D. Kelly Thomas, Judge
)
Appellee. ) (Post-Conviction)
)
FOR THE APPELLANT: FOR THE APPELLEE:
STEVE MERRITT JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
116 E. Harper Ave.
Maryville, TN 37804 GEORGIA BLYTHE FELNER
Counsel for the State
425 Fifth Ave. N., 2d Floor
Nashville, TN 37243-0493
MICHAEL L. FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Asst. District Attorney General
363 Court St.
Maryville, TN 37804
OPINION FILED:________________
AFFIRMED - RULE 20
JAMES CURWOOD WITT, JR., JUDGE
OPINION
The petitioner, Charles Ray Dowling, filed this post-conviction action attacking his
especially aggravated burglary and aggravated assault convictions. He alleged that he received
ineffective assistance of counsel, but for which he would not have entered guilty pleas. At the post-
conviction hearing, the testimonyof the petitioner and his trial attorney differedsharply on the material
points. After receiving the evidence, the trial court accredited the evidence offered by the state over
that presented by the petitioner. Thus, the petitioner failed to carry his burden of proof, and the
petition was dismissed.1 See McBee v. State, 655 S.W.2d 191, 195 (Tenn. Crim. App. 1983). Upon
our review of this appeal, we have determined that the petitioner has failed to demonstrate that the
evidence preponderates against the trial court's findings. See Butler v. State, 798 S.W 898, 899
.2d
(Tenn. 1990). Moreover, we have discerned no apparent error of law which requires reversal of the
judgment. See Tenn. R. Ct. Crim. App. 20.
Accordingly, the judgment of the trial court is affirm pursuant to Court of Criminal
ed
Appeals Rule 20.
________________________________
JAMES CURWOOD WITT, JR., JUDGE
CONCUR:
_______________________________
GARY R. WADE, PRESIDING JUDGE
_______________________________
JOHN K. BYERS, SENIOR JUDGE
1
This action was filed prior to enactment of the Post-Conviction Act of
1995. Accordingly, its provisions do not apply.
2