State of Tennessee v. Gary S. Johnson

The Defendant, Gary S. Johnson, pled guilty to vehicular homicide, a Class B felony, on August 6, 1996. The trial judge originally sentenced him to twelve years of house arrest and community corrections. The State appealed, and this Court vacated the sentence because the Defendant was not eligible for community corrections. Upon re-sentencing the Defendant was ordered to serve ten years of incarceration. The Defendant did not immediately appeal, but filed a timely Motion for a Modification and/or Reduction of Sentence. Prior to the trial court ruling on the motion, the Defendant filed a Petition for Post Conviction Relief based on ineffective assistance of counsel. The trial court denied both the Defendant's motion and the Petition for Post Conviction Relief on June 12, 2002. The sole issue for appeal is whether the trial court erred in denying the Defendant's Petition for Post Conviction Relief. Finding no error, we affirm the judgment of the trial court.