Opinion
No. W2008-02838-CCA-R3-PC.
May 4, 2010 Session.
Filed June 10, 2010.
Appeal from the Circuit Court for Carroll County; No. 04CR21; Donald E. Parish, Judge.
Judgment of the Circuit Court Affirmed.
Benjamin S. Dempsey, Huntingdon, Tennessee, for the appellant, David Jones Milton.
Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Hansel J. McCadams, District Attorney General; and Beth Boswell-Hall, Assistant District Attorney General, for the appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the Court, in which John Everett Williams and J.C. McLin, JJ., joined.
OPINION
The petitioner, David Jones Milton, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition.
FACTS
The petitioner, who was indicted on one count of aggravated rape, was convicted by a Carroll County jury of the lesser-included offense of aggravated sexual battery and sentenced by the trial court as a Range II, multiple offender to fifteen years at 100 percent in the Department of Correction. His conviction was affirmed by this court on direct appeal, and our supreme court denied his application for permission to appeal. State v. David Jones Milton, No. W2005-00646-CCA-R3-CD, 2006 WL 1132072 (Tenn. Crim. App. Apr. 28, 2006), perm. to appeal denied (Tenn. Aug. 21, 2006).
Our direct appeal opinion reveals that the petitioner's conviction stemmed from his