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Posted by: Landry Butler on Jun 26, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua B. Dougan, Jackson, Tennessee (on appeal), and Eugene Belenitsky, Memphis, Tennessee (at hearing), for the appellant, Carlos Smith.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Pamela Fleming Stark and Sam Winnig, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WITT

The petitioner, Carlos Smith, appeals the denial of post-conviction relief from his 2012 Shelby County Criminal Court jury convictions of attempted second degree murder, aggravated assault, aggravated robbery, especially aggravated burglary, employing a firearm during the commission of a dangerous felony, and being a felon in possession of a handgun, claiming that he was denied the effective assistance of counsel at trial. Because the post-conviction court failed to make any findings with regard to the petitioner’s claim that trial counsel did not properly inform him of his potential sentencing exposure, we remand for the limited purpose of making the requisite findings on this issue. In all other respects, we affirm the judgment of the post-conviction court.