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Posted by: Landry Butler on Nov 30, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Adrian Delk, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Adrian Delk, appeals the dismissal of his petition for writ of habeas corpus. On appeal, Petitioner asserts that the State breached the plea agreement by choosing an incorrect range of offense dates for the judgment for solicitation to commit first degree murder; that the State’s error resulted in a breach of the plea agreement because it affected Petitioner’s sentencing credit; that the Department of Correction was not properly awarding post-judgment sentencing credits; that there was insufficient proof to support the conviction for solicitation; and that Petitioner’s indictment for solicitation was void because it was returned prior to the completion of the crime and failed to provide notice. After a review, we affirm the summary dismissal of the petition.