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Posted by: Tanja Trezise on Mar 13, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Paul K. Guibao, Memphis, Tennessee, for the appellant, Donald Mickens.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, Benjamin A. Ball, Assistant Attorney General; Amy P. Weirich, District Attorney General, and Alycia Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Donald Mickens, appeals the denial of post-conviction relief. Petitioner was convicted of multiple drug offenses. As a result of the convictions, Petitioner was sentenced to an effective sentence of twenty-five years. The convictions and sentence were affirmed on appeal. See State v. Donald Mickens, No. W2009-00586-CCA-R3-CD, 2010 WL 2697164 (Tenn. Crim. App., at Jackson, Jul. 8, 2010). Petitioner sought pro se postconviction relief on the basis of ineffective assistance of counsel. Counsel was appointed and an amended petition was filed. After a hearing, the post-conviction court denied relief. Petitioner initiated this appeal. After a review, we determine the evidence does not preponderate against the judgment of the post-conviction court. Petitioner failed to show that he received ineffective assistance of counsel or that the performance of counsel was prejudicial. Accordingly, the judgment of the post-conviction court is affirmed.