VENUS L. VIERA VS. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Oct 16, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Chelsea Nicholson, Nashville, Tennessee, for the appellant, Venus L. Viera.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Assistant Attorney General; Victor S. Johnson, III, District Attorney General, and Brian Ewald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Venus L. Viera, plead guilty in the Davidson County Criminal Court to one count of aggravated robbery. Pursuant to her plea agreement, Petitioner agreed to a sentence of eight years to be served at eighty-five percent incarceration. Petitioner filed a petition for post-conviction relief in which she argued that she was afforded ineffective assistance of counsel and that she entered her guilty plea unknowingly and involuntarily. The postconviction court held an evidentiary hearing and subsequently entered a written order denying the petition. Petitioner appeals to this Court. After a thorough review of the record, we conclude that the denial of the petition should be affirmed. However, in our review of the record, we have discovered that the judgment form provides that the sentence is eight years to be served at 100 percent. Therefore, in addition to affirming the denial of the petition for post-conviction relief, we remand for the entry of a corrected judgment.

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