OPINION
Withоut an evidentiary hearing, the trial judge dismissed Troletti’s petition for post-cоnviction relief. He appeals.
Represented by retained cоunsel of his own choice, Troletti, age 43, pled guilty to armed robbery in Knox Cоunty and was sentenced to life imprisonment. When he filed this proceeding аttacking his conviction, the trial judge properly appointed cоunsel to assist him and amend his petition. This trial counsel has done.
After examining thе pleadings and the files and records before him, the trial judge carefully considered all of the grounds presented and found them without merit. In his order he disposed of all questions raised. We agree with his opinion in the case.
The petitioner alleges a number of grounds, including unlawful arrest, illegal searсh, illegal lineup; that witnesses and spectators ■ were excluded from the courtroom; that the trial judge improperly took part in the proсeedings; that his retained counsel was ineffective.
The real question involved is whether or not his plea of guilty was voluntary. A plea of guilty voluntarily and knоwingly entered upon advice of counsel waives nonjurisdictional defеcts. Taylor v. State, Tenn.Cr.App.,
Petitioner alleges his plea of guilty was obtained by fraud and was not free and voluntary; that he asked a continuance to obtain witnesses and new counsel; that the trial judge did not inquire if his plea of guilty was entered freely, voluntarily, competently and understandingly and that the proceedings were a sham, farce and mockery of justice. He says he did not know he was signing a plea of guilty and objected when he learned of it before his plea was submitted to the jury.
This transcript shows that the trial court had set the case for trial and allowed a full day for hearing of a contested case. Retained counsel appeared in court and explained thаt the petitioner had requested counsel to ask the court to pass the case; that Troletti was not satisfied with an offer the state had made and did not want counsel’s services further. The court denied an application for a continuance, it appearing that witnesses and jurors wеre in attendance for trial that day. The trial judge then carefully and patiently explained the charges and the range of punishment in the event оf conviction and the possible pleas to the indictment. The defendаnt requested further time to talk to his attorney, and the court granted a recess.
After the recess an assistant district attorney general announcеd that the petitioner through his counsel had indicated he intended to entеr a plea of guilty to armed robbery and accept a life sentence.
In these proceedings the trial judge addressed the petitionеr personally and carefully determined that he understood the nature оf the charges and his right to plead not guilty; that he understood the agreement and its consequences, and that the plea was voluntary and not cоerced by anyone. The record affirmatively shows that the guilty plea was intelligent and voluntary in accordance with guidelines laid down in Boykin v. Alabama,
The evidence presented after the plea showed there was a factual basis for it.
Thе petitioner was not denied due process. He had competent retained counsel in entering his guilty plea. See Ray v. State,
Likewise without merit is the claim that he should have been allowed discovery in these proceedings.
All assignments are overruled and the judgment is affirmed.