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Posted by: Tanja Trezise on Jun 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Ashley Preston, Nashville, Tennessee, for the Appellant, Auqeith Lashawn Byner.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel, Criminal Justice Division; Victor S. Johnson, III, District Attorney General; and Pamela Anderson and Rachel Sobrero, Assistant District Attorneys General, for the Appellee, State of Tennessee.


The Petitioner, Auqeith Lashawn Byner, pled guilty to driving on a suspended license, and a Davidson County jury convicted him of possession with the intent to sell or deliver over twenty-six grams of cocaine and possession of drug paraphernalia. The trial court sentenced the Petitioner to serve an effective sentence of seventeen years in the Tennessee Department of Correction. The Petitioner appealed his convictions but withdrew his appeal on February 11, 2010. On February 14, 2011, the Petitioner, pro se, timely filed a petition seeking postconviction relief on the basis of ineffective assistance of counsel and was thereafter appointed an attorney. After a hearing on the petition, the post-conviction court issued an order denying the Petitioner relief. The Petitioner appeals the trial court’s denial of his claim. After a thorough review of the record, the briefs, and relevant authorities, we affirm the postconviction court’s judgment.