Wills v. State

I write separately to supplement certain inadequacies evident in the lead opinion. *311Initially it should be noted that in State v. McClintock, 732 S.W.2d 268 (Tenn.1987), advice about the future consequence of a guilty plea was not at issue. The thrust of the opinion was that a facially valid judgment of conviction on a prior DUI charge, which had not been attacked by post-trial motions or on direct appeal, could not be collaterally attacked in a subsequent prosecution for a second DUI offense, but only by recourse to the Post-Conviction Procedure Act. The opinion pointed out that if the errors…