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Posted by: Tanja Trezise on Jul 10, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Guadalupe Arroyo.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Randall E. Nichols, District Attorney General; and Philip Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Guadalupe Arroyo, pleaded guilty to two counts of vehicular homicide and received an effective sentence of twenty-four years in the Tennessee Department of Correction. He appealed his sentence twice, and this court remanded his case to the trial court both times. See State v. Guadalupe Arroyo, No. E2002-00639-CCA-R3-CD, 2003 WL 1563209, at *1 (Tenn. Crim. App. March 27, 2003); State v. Guadalupe Arroyo, No. E2003- 02355-CCA-R3-CD, 2004 WL 1924033, at *1 (Tenn. Crim. App. Aug. 30, 2004). After the second remand, the trial court again sentenced petitioner to twenty-four years. Petitioner filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel and that he was unconstitutionally denied the right to appeal the trial court’s last sentencing order. The post-conviction court dismissed the petition twice, and petitioner successfully appealed both times. See Guadalupe Arroyo v. State, No. E2006-01037-CCA-R3-PC, 2007 WL 3144999, at *1 (Tenn. Crim. App. Oct. 29, 2007); Guadalupe Arroyo v. State, No. E2008-01220-CCA-R3-PC, 2009 WL 2503152, at *1 (Tenn. Crim. App. Aug. 17, 2009). Eventually, the post-conviction court held an evidentiary hearing and denied post-conviction relief. Petitioner now appeals, arguing that he received ineffective assistance of counsel and requesting a delayed appeal. Following our review, we affirm the judgment of the post-conviction court.