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Posted by: Tanja Trezise on Aug 21, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Steven Garner (on appeal); and Talmage M. Woodall (at hearing), Franklin, Tennessee, for the appellant, Billy Sizemore.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Lacy Wilber, Assistant Attorney General; Kim R. Helper, District Attorney General; and Stacey Brackeen Edmonson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Billy D. Sizemore, was convicted of theft over $1,000 and sentenced to twelve years as a career offender. Petitioner filed the instant petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received ineffective assistance of counsel when trial counsel: (1) failed to challenge the value of the stolen goods and (2) failed to seek a continuance after the State filed a late notice of intent to seek enhanced punishment. After our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court.