APPELLATE COURT OPINIONS

The defendant, Johnny Leach, appeals the order of the Criminal Court of Campbell County denying his request to withdraw his guilty plea to two counts of aggravated sexual battery. On July 2, 1998, the defendant entered his plea and received two ten-year sentences to be served concurrently. Because the defendant’s plea became final on the date of entry of the plea pursuant to the plea agreement, we conclude that his motion to withdraw was untimely.  Accordingly, we AFFIRM the judgment of the trial court.

A jury found the defendant guilty of aggravated child abuse and neglect, and he received an eighteen year sentence in the Tennessee Department of Correction. He now appeals, raising the following issues:

I. Whether the convicting evidence is sufficient;
II. Whether the trial court erred in admitting testimony from a Department of Child Services investigator that the victim cried at the mention of the defendant’s name;
III. Whether the trial court erred in failing to suppress his statements to the police on the basis his mental incompetence prevented a knowing and voluntary waiver of his Miranda rights; and
IV. Whether the trial court erred in not allowing educators to testify about the defendant’s mental abilities unless the defendant first testified.

Finding no merit to the defendant’s arguments, we affirm his conviction.

The petitioner, Jacques B. Bennett, appeals the summary dismissal of his “Motion to Vacate/Set Aside Judgment/Plea: and, to Declare Said Judgment/Plea Void” by the Hamilton County Criminal Court on January 9, 1998. Following a thorough review of the record, we conclude that this is an appropriate case for affirmance pursuant to Ct. of Crim. App. Rule 20.