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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs July 18, 2012

FREDERICK ALEXANDER AVERY v. STATE OF TENNESSEE
D irect Appeal from the Criminal C ourt for Davidson C ounty
N o. 2006-C -2451 Cheryl A. Blackburn, Judge

N o. M 2011-02493-CCA-R3-PC -Filed February 6, 2013
The petitioner, Frederick A lexander A very, w as convicted by a jury in the Davidson County Criminal Court of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder. As a violent offender, he received a total effective sentence of life w ithout the possibility of parole. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to file a motion for severance and a motion for a speedy trial and for advising the petitioner to not testify at trial. The post-conviction court denied relief, holding that the petitioner failed to establish that counsel was ineffective. However, because trial counsel had miscalculated the date for filing an appeal to the supreme court, the post-conviction court granted the petitioner a Rule 11 delayed appeal. See Tenn. S. Ct. R. 28,

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