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Posted by: Chandra Williams on Oct 28, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Kenneth D. Sanders, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; James Michael Taylor, District Attorney General; and David Shinn, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Kenneth D. Sanders, appeals the order of the trial court denying his motion to vacate his guilty plea and/or motion to alter and amend the judgment in which he alleged that he received ineffective assistance of counsel during his guilty plea proceedings. The trial court treated the motion as a petition for post-conviction relief and found that it was filed beyond the statute of limitations. On appeal, Petitioner argues that: (1) Petitioner is actually innocent; (2) The District Court [sic] lacked subject matter jurisdiction; (3) The sentence is an illegal sentence; (4) Petitioner?s guilty plea was not knowingly and intelligently made; and (5) Petitioner was deprived of his rights guaranteed him by the Sixth and Fourteenth Amendments. After a thorough review, we affirm the judgment of the trial court.