James David Shell v. State of Tennessee

Petitioner, James David Shell, pled guilty to two counts of possession with intent to sell or deliver a Schedule II controlled substance and one count of driving under the influence.  During plea negotiations, Petitioner was offered two alternate sentences by the State: either one year to serve with ten years of probation or seven years to serve with no probation.  After consulting with his attorney, Petitioner chose the seven-year sentence.  Subsequently, Petitioner filed a petition for post-conviction relief, alleging that his guilty plea was not knowing and voluntary because he was under the influence of several prescribed medications at the time he pled.  He also claimed that he received ineffective assistance of counsel.  After a hearing, the post-conviction court denied relief, finding that Petitioner failed to prove his claims by clear and convincing evidence.  Petitioner appealed.  Upon thorough review of the record, we affirm the decision of the post-conviction court.