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Posted by: Tanja Trezise on Apr 12, 2013

Head Comment: CORRECTION: On the first page the appellant's attorney's name was misspelled.

Court: TN Court of Criminal Appeals

Attorneys 1:

Everette E. Parrish, Brentwood, Tennessee, for the appellant, Charles Edward Wilbourn.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Charles Edward Wilbourn, was indicted by the Davidson County Grand Jury for one count of possession of more than .5 grams of cocaine for sale in a drug-free zone. On February 19, 2010, Appellant pled guilty in a negotiated plea to the charge and an eight-year sentence to be served at 100 percent. Appellant subsequently filed a timely petition for postconviction relief. After appointment of counsel, an amended petition was filed. One of the issues raised was that trial counsel afforded Petitioner ineffective assistance of counsel because she did not adequately investigate whether the incident actually occurred in a drugfree non-school zone. After an evidentiary hearing, the post-conviction court denied the petition. On appeal, Petitioner argues that the post-conviction court erred with respect to the above issue. After a thorough review of the record, we conclude that the post-conviction court did not err in denying the petition. Therefore, we affirm the denial of the petition for post-conviction relief.