Opinion
No. 02C01-9703-CC-00104.
February 9, 1998.
LAKE COUNTY, HON. R. LEE MOORE, JR., JUDGE, (Habeas Corpus).
AFFIRMED — RULE 20.
FOR THE APPELLANT :
JAMES WILLARD CROOM (Pro Se), #235162, L. C. R. C. F.
FOR THE APPELLEE :
JOHN KNOX WALKUP, Attorney General and Reporter, ELIZABETH T. RYAN, Assistant Attorney General, C. PHILLIP BIVENS, District Attorney General.
ORDER
Petitioner, James Willard Croom, sought habeas corpus relief in the Circuit Court of Lake County alleging that his drug indictment was fatally insufficient for failure to state the appropriate mens rea. Pursuant to Rule 20, Tennessee Court of Criminal Appeals, we AFFIRM the trial court's dismissal of the petition.
In his petition for writ of habeas corpus the petitioner alleged that the drug indictment leading to his conviction and sentence was insufficient in charging that he "did unlawfully possess with intent to sell or deliver a controlled substance, to-wit: cocaine. . . ." He specifically alleges that this language fails to charge the appropriate mens rea and is, therefore, void.
We find that the language of this indictment provided adequate notice to both the defendant and the trial court of the offense alleged and is not deficient. State v. Hill, 954 S.W.2d 725 (Tenn. 1997).
The judgment of the trial court is AFFIRMED pursuant to Tennessee Court of Criminal Appeals Rule 20.
____________________________ JOE G. RILEY, JUDGE
CONCUR:
________________________________ JOE B. JONES, PRESIDING JUDGE
________________________________ PAUL G. SUMMERS, JUDGE