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AVERY v. STATE

No. M2011-02625-CCA-R3-PC.

DAVID AVERY, v. STATE OF TENNESSEE.

Court of Criminal Appeals of Tennessee, at Nashville.

Filed December 17, 2012.

Attorney(s) appearing for the Case

Kara L. Everett , Mt. Juliet, Tennessee (on post-conviction); and David M. Hopkins , Nashville, Tennessee (at trial and on appeal), for the appellant, David Avery.

Robert E. Cooper, Jr. , Attorney General and Reporter; David H. Findley , Senior Counsel; Victor S. Johnson, III , District Attorney General; and Rob McGuire , Assistant District Attorney General, for the appellee, State of Tennessee.

JOHN EVERETT WILLIAMS, J., delivered the opinion of the Court, in which ROBERT W. WEDEMEYER and D. KELLY THOMAS, JR., JJ., joined.

OPINION

JOHN EVERETT WILLIAMS, Judge.

The petitioner, David Avery, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief. The petitioner was convicted of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder and was sentenced to an effective term of forty-nine years in the Department of Correction. On appeal, he contends that he was denied his right to the effective...

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