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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
FILED

MAY 1999 SESSION October 13, 1999

Cecil Crowson, Jr. Appellate Court Clerk
* C.C.A. NO. 01C01-9807-CR-00296

FRANK BARNARD,

APPELLANT, * DAVIDSON COUNTY
VS. * Hon. Steve Dozier, Ju dge
STATE OF TENNESSEE, * (Post-Conviction)
APPELLEE. *
For Appellant: For Appellee:
Kyle L. Marquardt Paul G. Summers Attorney for Appellant Attorney General and Reporter 211 Printers Alley, Suite 502 450 James Robertson Parkway Nashville, TN 37201-1414 Nashville, TN 37243-0493
Georgia Blythe Felner Counsel for the State Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243
John Seaborg Washin gton Square Bldg. Assistant District Attorney General 222 Second Avenue North Nashville, TN 37201-1649
OPINION FILED: ____________________
AFFIRMED - RULE 20
NORMA MCGEE OGLE, JUDGE


OPINION
The petitioner, Frank Barnard, appeals the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court on June 11, 1998.  On November 13, 1992, the petitioner was convicted by a jury in the Davidson County Criminal Court of first degree murder, felony murder, robbery, and aggravated sexual battery. The trial court merged the felony murder count with the first degree murder count because they arose from the same offense.  The petitioner filed a Motion for Judgment of Acquittal and Motion for New Trial.  The trial court denied the motion on all grounds except the trial court reversed the robbery conviction.1 On September 1, 1994, this court affirmed the petitioner

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