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State of Tennessee v. Freddie L. King
State: Tennessee
Court: Court of Appeals
Docket No: W2000-01256-CCA-R3-PC
Case Date: 05/09/2001
Plaintiff: State of Tennessee
Defendant: Freddie L. King
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs March 7, 2001

STATE OF TENNESSEE v. FREDDIE L. KING
Appeal from the Criminal Court for Shelby County
No. P-23257 Bernie Weinman, Judge

No. W2000-01256-CCA-R3-PC - Filed May 9, 2001
The Defendant pled guilty to several offenses in 1992, receiving an agreed effective sentence of twenty-four years.  He subsequently filed for post-conviction relief, which was denied after a hearing.  The Defendant filed a second post-conviction petition which the trial court summarily dismissed. The Defendant now appeals; we affirm the judgment of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
DAVID H. WELLES, J., delivered the opinion of the court, in which GARY R. WADE, P.J., and NORMA MCGEE OGLE, J., joined.
Freddie L. King, Henning, Tennessee, Pro Se.
Michael E. Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; W illi am L. Gibbons, District Attorney General; and John W. Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION
In 1992  the Defendant pled guilty to three counts of theft under $500, one cou nt o f bu rgla ry, one count of aggravated rape, two counts of aggravated robb ery, and two counts of especially aggravated robbery.  The Defendant received an agreed-upon effective sentence of twenty-four years for these crime s.  The Defend ant then fi led for post -convicti on relief, a ttacking the validity of his guilty pleas.  After an evidentiary hearing the Defendant's claims were denied.  The trial co urt's judgment was affirmed on appeal. SeeFreddie King v. State, No. 02C01-9611-CR-00433, 1998 WL 1704, at *6 (Tenn. Crim. App., Jackson, Jan. 5, 1998).
In May 2000 the Defendant filed pro se a second petition for post-conviction relief, complaining about the p rosecutin g attorney's statement of facts made in conjunction with his guilty pleas; attacking the process by which he was identified prior to trial; and contending that his sentence for the burglary conviction is invalid.  The trial court summarily dismissed the second petition, finding that a prior petition had been decided on the merits and further finding that the second petition was barred by the statute of limitations.  We now affirm the judgment of the trial court.
Relief under our Post-Conviction Proced ure Act will be granted wh en a defendan t's conviction or sentence is void or voidable because of the abridgment of any right guaranteed by either the Tennessee Constitution or the United States Constitution. Tenn. Code Ann.
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