All Content

Posted by: Tanja Trezise on May 7, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Leroy Williams.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Randall Eugene Nichols, District Attorney General; and Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Leroy Williams, appeals the denial of his petition for writ of habeas corpus regarding his conviction for being a habitual drug offender pursuant to Tennessee Code Annotated section 39-6-417(d). The trial court sentenced petitioner as a Range II offender to a forty-five-year sentence to be served in confinement. Petitioner argues that the judgment of the trial court was void due to a defective presentment. He also claims that the trial court had no jurisdiction because it erroneously classified him as a habitual drug offender and because it erroneously applied a sentencing enhancement. Following our review, we affirm the habeas corpus court’s denial of the petition.