STATE OF TENNESSEE v. ROBERT ALLEN TURNER - Articles

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STATE OF TENNESSEE v. ROBERT ALLEN TURNER

Posted by: Azya Thornton on Sep 20, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Timothy Carter (on appeal) and Karl E. Pulley (at trial), Nashville, Tennessee, for the appellant, Robert Allen Turner.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Katherine Orr, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Tammy H. Meade, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CAMPBELL

The Defendant, Robert Allen Turner, was convicted in the Davidson County Criminal Court of aggravated robbery and two counts of possession of a firearm with intent to go armed and received an effective twelve-year sentence. The Defendant did not file a direct appeal of his convictions but filed a petition for post-conviction relief based on the ineffective assistance of counsel. The post-conviction court ultimately determined that the Defendant was entitled to a delayed appeal. On appeal, the Defendant claims that the evidence is insufficient to support his aggravated robbery conviction and that the trial court erred by sentencing him as a Range II, multiple offender for that conviction. Based upon our review, we conclude that the post-conviction court was without jurisdiction to grant a delayedappealbecausethepost-convictionpetitionwasuntimely. Accordingly,theappeal is dismissed.

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