ANTHONY D. BYERS v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Mar 19, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: R. Todd Mosley, Memphis, Tennessee, for the appellant, Anthony D. Byers.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Summer Morgan, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Anthony D. Byers, appeals the post-conviction court’s denial of his petition for post-conviction relief from his guilty plea convictions for seven counts of especially aggravated kidnapping, four counts of aggravated robbery, and one count of possessing a firearm during the commission of a dangerous felony. The petitioner raises stand-alone claims that: (1) his convictions for especially aggravated kidnapping and possession of a firearm during the commission of a dangerous felony are void because they are in direct contravention of Tennessee Code Annotated section 39-17-1324(c); (2) his convictions for especially aggravated kidnapping, aggravated robbery, and possession of a firearm during the commission of a dangerous felony are voidable on double jeopardy grounds; and (3) three of his convictions for especially aggravated kidnapping are contrary to State v. Dixon, 957 S.W.2d 532 (Tenn. 1998). The petitioner also argues that he received the ineffective assistance of counsel and that his guilty pleas were involuntarily. After review, we affirm the denial of post-conviction relief from the petitioner’s convictions for seven counts of especially aggravated kidnapping and four counts of aggravated robbery. However, we reverse the denial of post-conviction relief from the petitioner’s conviction for possession of a firearm during the commission of a dangerous felony and vacate and dismiss that conviction and sentence.

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