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Posted by: Tanja Trezise on Nov 7, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Mike Mosier, Jackson, Tennessee, for the appellant, Montorius G. Herron.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; James G. Woodall, District Attorney General; and Rolf Hazelhurst, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Petitioner, Motorius G. Herron, appeals from the post-conviction court’s dismissal of his post-conviction petition following an evidentiary hearing. In his post-conviction proceeding, Petitioner challenged his conviction following a jury trial for identity theft. The sole issue for appeal is whether Petitioner’s trial counsel rendered ineffective assistance of counsel by failing to make a written request for the inclusion of the crime of fraudulent use of a credit or debit card as a lesser included offense of identity theft. Since the crime of fraudulent use of a credit or debit card is not a lesser included offense of identity theft, trial counsel did not render ineffective assistance of counsel. We accordingly affirm the judgment of the postconviction trial court.