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Posted by: Landry Butler on Jul 21, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Gregory D. Allen, Memphis, Tennessee, for the appellant, Kenneth Hayes.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Steve Ragland, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Petitioner, Kenneth Hayes, appeals the denial of his petition for post-conviction relief in which he challenged his convictions for reckless aggravated assault, two counts of aggravated assault, criminal attempt to commit the intentional killing of an animal worth over $1000, theft of property over $1000, and evading arrest and his effective sentence of forty years, eleven months and twenty-nine days in confinement. On appeal, the Petitioner contends that he was denied his right to the effective assistance of counsel because trial counsel failed to raise sufficiency of the evidence in the motion for a new trial, trial counsel failed to object to the application of enhancement factors during the sentencing hearing, and trial counsel failed to object to the trial court’s determination that the Petitioner was a Range II offender. After review of the record and applicable law, we affirm the post-conviction court’s denial of relief.