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Posted by: Landry Butler on Jan 8, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Samuel W. Hinson, Lexington, Tennessee, for the appellant, Dannie Weaver.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Jody Pickens, District Attorney General; and Matthew Floyd, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Dannie Weaver, the Petitioner, entered a best interest plea to driving under the influence, possession of a Schedule VI controlled substance with prior convictions, possession of a Schedule II drug, possession of drug paraphernalia, and a violation of the seat belt law. The Petitioner received a total effective sentence of four years with thirty-five percent release eligibility, which was suspended to probation following the service of thirty-five days in jail. The Petitioner filed a petition for post-conviction relief and alleged that trial counsel’s performance was deficient and that, absent the deficient performance, the Petitioner would have proceeded to trial. The Petitioner also alleged that his best interest plea was involuntary and unknowing. The post-conviction court denied relief and the Petitioner appealed. After a thorough review of the facts and applicable case law, we affirm.