APPELLATE COURT OPINIONS

On October 15, 1997, the defendant was convicted of delivering cocaine and he was sentenced to serve four years in the penitentiary.  The defendant was tried along with a co-defendant Reggie Barton. In the course of the trial, statements made by Barton implicated the defendant.  The defendant raises the following issues:  1. Whether the defendant’s Motion To Sever the trial should have been granted?  2. Whether the co-defendant’s statement to the confidential informant should have been excluded or redacted?  We affirm the judgment of the trial court.

The petitioner, William D. Pewitt, appeals as of right from the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court. He seeks relief from his 1994 convictions for witness coercion, a Class D felony, and assault, a Class A misdemeanor. His convictions were affirmed on appeal. State v. William D. Pewitt, No. 01C01-9411-CC-00375, Williamson County (Tenn. Crim. App. Aug. 22, 1996), app. denied (Tenn. Jan. 1, 1997). The petitioner contends that the trial court erred in dismissing his petition without appointing counsel, allowing amendment of the petition with the aid of counsel, or holding an evidentiary hearing. We affirm the trial court’s order dismissing the petition for failure to state a claim.

After a careful review of the remaining issues, we find that the appellant was improperly convicted of multiple inchoate offenses, attempted murder and conspiracy to commit murder, for the criminal conduct against his ex-wife, Gina Sanjines. Tenn. Code Ann. § 39-12-106(a) (Supp. 1994). Neither the defense nor the State considered section 39-12-106(a) when they constructed the plea agreement in this case. We conclude that the error was prejudicial and, accordingly, reverse the conviction of attempted murder.2 The remaining convictions and sentences are affirmed.