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David E. Garrison v. State of Tennessee
State: Tennessee
Court: Court of Appeals
Docket No: M2003-02137-CCA-R3-PC
Case Date: 10/08/2004
Plaintiff: State
Defendant: Garrison
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE

DAVID E. GARRISON v. STATE OF TENNESSEE
Appeal from the Criminal Court for Davidson County
No. 2000-C-1424  Cheryl A. Blackburn, Judge

No. M2003-02137-CCA-R3-PC- Filed October 8, 2004
The Petitioner, David E. Garrison, appeals the trial court's dismissal of his petition for post conviction relief.  The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals.  The Petitioner filed his petition outside the statute of limitations.  Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

Tenn. R. App. P. 3; Judgment of the Trial Court Affirmed Pursuant to Rule 20, Rules of the Court of Criminal Appeals
DAVID H. WELLES, J., delivered the opinion of the court, in which JERRY L. SMITH, J., and ROBERT W. WEDEMEYER, J., joined.
David M. Hopkins, for the appellant.
Paul G. Summers, Attorney General & Reporter; Michelle Chapman McIntire, Assistant Attorney General, for the appellee, State of  Tennessee.

MEMORANDUM OPINION
This matter is before the court upon motion of the appellee, the State of Tennessee, to affirm the judgment in this case pursuant to Rule 20, Rules of the Court of Criminal Appeals.  The petitioner is appealing the trial court's dismissal of his petition for post-conviction relief, following the revocation of his probation.  
Petitioner was indicted for one count of especially aggravated kidnapping and three counts of aggravated rape.  On July 30, 2001, the petitioner pled guilty to the amended charge of aggravated assault pursuant to a plea bargain.  Petitioner was sentenced to eight years as a range one offender, pleading out of the range for a class
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