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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs August 15, 2006

JAMES MATTHEW GRAY v. STATE OF TENNESSEE
Direct Appeal from the Criminal Court for Davidson County
No. 2002-D-2051  J. Randall Wyatt, Jr., Judge

No. M2005-02142-CCA-R3-PC - Filed December 7, 2006
The petitioner, James Matthew Gray, pled guilty in the Davidson County Criminal Court to a charge of reckless homicide.  He was sentenced to twelve years in the Department of Correction as a career offender with a release eligibility of sixty percent. He was originally indicted on two counts: (1) felony murder, and (2) especially aggravated robbery.  As part of his plea agreement, he agreed to plead out of range of his offender status.  On appeal, he argues that his guilty plea was involuntary and unknowingly entered because he asserts that he received ineffective assistance of counsel.  After careful review, we conclude that the petitioner has not met his burden of showing that he received ineffective assistance of counsel by clear and convincing evidence and, further, that he has not shown that his plea was involuntary and unknowing.  No grounds for relief exist, and the judgment of the post-conviction court is affirmed.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
JOHN EVERETT WILLIAMS, J., delivered the opinion of the court, in which ALAN E. GLENN, J., and
J. S. (STEVE) DANIEL, SR. J., joined.
Jefre S. Goldtrap, Nashville, Tennessee, for the appellant, James Matthew Gray.
Paul G. Summers, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Lisa Naylor, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION
Facts and Procedural History
During the guilty plea hearing, the prosecution offered the following statement of proof regarding the underlying offenses in this matter:
The proof in this case would show that, on August tenth of two-thousand-and

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Tennessee Law