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Posted by: Tanja Trezise on Apr 10, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Elijah Truitt, Pro Se, Nashville, Tennessee.

Attorneys 2:

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

Judge(s): SMITH

Petitioner, Elijah Truitt, pled guilty to possession of a firearm by a felon and possession of greater than .5 grams of cocaine with intent to sell in Davidson County. The trial court sentenced Petitioner to eleven years for possession of cocaine and two years for possession of a firearm to be served consecutively. Petitioner was placed on community corrections. Petitioner’s community corrections sentence was eventually revoked and he was ordered to serve his original sentence as imposed. The trial court filed an amended judgment reflecting the revocation and imposition of the sentence. Petitioner filed a petition for writ of habeas corpus arguing that his sentence was illegal. After a thorough review of the record, we conclude that Petitioner’s arguments are meritless. Therefore, we affirm the summary dismissal of the petition.