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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs December 11, 2002 STATE OF TENNESSEE v. JAMES MARIO STARNES
Direct Appeal from the Circuit Court for Bedford County No. 14427 Charles Lee, Judge

No. M2002-01450-CCA-R3-CD - Filed March 13, 2003

The Appellant, James Mario Starnes, was indicted by the Bedford County Grand Jury for first degree murder and especially aggravated robbery. Starnes pled guilty to attempted second degree murder and especially aggravated robbery. Following a sentencing hearing, Starnes received concurrent sentences of ten years, nine months for attempted second degree murder and twenty-five years for especially aggravated robbery. Starnes now appeals his especially aggravated robbery conviction, contending that the evidence is insufficient to establish his guilt for that offense. Because the error complained of was waived as a matter of law by Starnes' plea of guilty, this issue is not reviewable upon direct appeal. Accordingly, this appeal is dismissed. Tenn. R. App. P. 3; Appeal Dismissed. DAVID G. HAYES, J., delivered the opinion of the court, in which JOHN EVERETT WILLIAMS and NORMA MCGEE OGLE , JJ., joined. Larry F. Wallace, Jr., Shelbyville, Tennessee, (on appeal) for the Appellant, James Mario Starnes. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; David H. Findley, Assistant Attorney General; William Michael McCown, District Attorney General; and Michael Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.

OPINION Procedural Background Due to the nature of this appeal, the guilty plea acceptance hearing was the only proceeding in which any facts relevant to the issue presented were developed. At this hearing, the prosecutor and defense counsel recited the following facts supporting the factual basis for the pleas:

PROSECUTOR: Your Honor, on August 20th, 1998, the defendant as well as Leon Terrell Phillips entered Prime Steakhouse here in Shelbyville; robbed them of the money bag. Fairly large amount of money, well over $500. They did so while this defendant was armed with a firearm. As they were leaving, after having obtained the money, as the proprietor Mr. Bill Katisis is his name, as they were leaving they shot him or not they. This defendant shot him, and he was gravely injured. It is a miracle that he lived. He was in the hospital for extended period of time. Astronomical medical bills and very seriously injured. DEFENSE COUNSEL: The proof would further show after the money was obtained and started out the door the proprietor followed - - Mr. Starnes wants this on the record

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