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Posted by: Landry Butler on May 21, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Dustin Lucio.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee Turner, Senior Counsel; James B. Dunn, District Attorney General; and George C. Ioannides, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Dustin Lucio, appeals from the denial of his petition for post-conviction relief. Petitioner was convicted by a jury of aggravated rape and sentenced by the trial court to 23 years in confinement to be served at 100 percent release eligibility. Petitioner’s conviction and sentence were affirmed on direct appeal. State v. Dustin Matthew Lucio, No. E2014-00642-CCA-R3-CD, 2015 WL 1510830 (Tenn. Crim. App. Mar. 31, 2015), perm. app. denied (Tenn. Aug. 13, 2015). Petitioner contends that his appellate counsel was ineffective for failing to include in the record on appeal a transcript of the hearing on the State’s motion in limine. In that motion, the State sought to exclude from evidence the victim’s medical records showing that she received treatment for drug abuse after the offense occurred. Following a hearing, the post-conviction court denied relief. Finding no error, we affirm the judgment of the post-conviction court.