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Posted by: Tanja Trezise on May 29, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Warren P. Campbell, Memphis, Tennessee, for the appellant, Jeffrey Booth.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy Weirich, District Attorney General; and Lessie Rainey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Jeffrey Booth (“the Petitioner”) was convicted by a jury of two counts of especially aggravated kidnapping, one count of aggravated robbery, and one count of aggravated assault. Pursuant to a sentencing agreement, the trial court sentenced the Petitioner to an effective sentence of twenty years’ incarceration. On appeal, this Court merged the two especially aggravated kidnapping convictions. The Petitioner subsequently filed for postconviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that the post-conviction court should have applied State v. White, 362 S.W.3d 559 (Tenn. 2012), retroactively. He also contends that he received ineffective assistance of counsel. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.