Johnny L. McGowan, Jr. v. State of Tennessee

This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The appellant has appealed the trial court's order summarily dismissing his motion to withdraw his guilty plea. In that motion, the appellant argued that his guilty plea resulted in a void sentence because it was ordered to run concurrent to a prior unrelated offense that the appellant was out on bond for at the time of the commission of the offenses which resulted in the guilty plea. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the motion and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.