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Posted by: Tanja Trezise on Sep 18, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Kenneth D. Quillen and Dale M. Quillen, Nashville, Tennessee, for the appellant, Johnny Lynn.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Kim R. Helper, District Attorney General; and Stacey B. Edmonson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, Johnny Lynn, appeals the Perry County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of rape of a child and two counts of aggravated sexual battery and resulting effective sentence of fifty-four years to be served at 100%. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to advise him of his right to waive ex post facto protections and be sentenced pursuant to the 2005 amendments to the Tennessee Sentencing Reform Act of 1989. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.