Alan Head v. State ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
ALAN D. HEAD,
AT NASHVILLE
)
FILED
) C.C.A. NO. 01C01-9802-CR-00082
Appellant, ) August 27, 1998
(No. 95C-1699 Below)
)
VS. ) DAVIDSON C OUNTY Cecil W. Crowson
) The Hon. Seth Norman
Appellate Court Clerk
STATE OF TENNESSEE, )
) (Dismissal of Post-Conviction Petition)
Appellee. ) AFFIRMED PURSUANT TO RULE 20
ORDER
This matter is before the Court upon the state's motion to affirm the judgment
of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. Having reviewed
the petitioner’s brief, the state’s motion, and the entire record, we find that the state’s motion
is well taken. Accordingly, we affirm the judgment of the trial court pursuant to Rule 20.
It appears that the petitioner was indicted on five counts of aggravated sexual
battery and on three counts of r ape of a child . He subseq uently pled guilty to three counts of
aggravated sexual battery. The petitioner contends that the indictment was fatally defective
and that the trial court was without jurisdiction to enter a plea of guilty. In his brief, the
petitioner concedes that our Supreme Court’s opinion in State v. Hill, 974 S.W.2d 725 (Tenn.
1997), is contrary to his position, but he contends that the issue should be revisited. As an
intermediate appellate court, it is our duty to apply the law as promulgated by the legislature
or as announced by our Supreme Court.
IT IS, THEREFORE, ORDERED that the state’s motion to affirm the judgment
pursuant to Rule 20 is granted. The judgment of the trial court is hereby affirmed. The
petitioner being indigent, costs of this appeal are taxed to the state.
________________________________
JERRY L. SMITH, JUDGE
CONCUR:
_______________________________
JOHN H. PEAY, JUDGE
________________________________
DAVID H. WELLES, JUDGE