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Posted by: Chandra Williams on Jun 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

George W. Waggoner, III, Mt. Juliet, Tennessee, for the appellant, Trinidad Martinez Flores.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Meredith Devault, Senior Counsel; Glenn R. Funk, District Attorney General; and Dan H. Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.


In 2011, a Davidson County jury convicted the Petitioner, Trinidad Martinez Flores, of multiple offenses involving the possession and sale of more than 300 pounds of marijuana. The trial court sentenced the Petitioner to fifty-six years of incarceration. This Court affirmed the Petitioner’s convictions and sentence on appeal. State v. Trinidad Martinez Flores, No. M2012-00285-CCA-R3-CD, 2013 WL 3497644, at *1 (Tenn. Crim. App., at Nashville, July 11, 2011), perm. app. denied (Tenn. Nov. 13, 2013). The Petitioner filed a petition for post-conviction relief alleging that his trial counsel represented him ineffectively. After a hearing, the post-conviction court denied the petition. On appeal, the Petitioner contends his trial counsel failed to adequately represent him, noting that the Board of Professional Responsibility subsequently disbarred trial counsel for fraudulently billing the state. On appeal, we conclude that, considering the weight of the evidence, counsel’s representation did not prejudice the Petitioner. As such, the Petitioner is not entitled to relief.