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Posted by: Brittany Sims on Jun 10, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Larry W. Anderson, Pro Se, Henning, Tennessee.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General, for the respondent, State of Tennessee.

Judge(s): SMITH

Petitioner, Larry W. Anderson, pled guilty to one count of aggravated burglary and one count of evading arrest in a motor vehicle with a risk of death or injury to others and was sentenced by the Davidson County trial court to serve ten years as a Range III, persistent offender. Subsequently, Petitioner filed a pro se petition for writ of habeas corpus in Lauderdale County, alleging that his sentence was void because of the State’s failure to give notice of intent to seek enhanced punishment and because the original trial court did not enter judgment until more than forty-five days after Petitioner had entered his guilty plea. The habeas corpus court summarily dismissed the petition without an evidentiary hearing. Petitioner appeals the dismissal of his petition for writ of habeas corpus. Upon review of the record, we find that the Petitioner has failed to state a cognizable claim and affirm the decision of the habeas corpus court dismissing the petition.