Curtis E. Duke v. State of Tennessee

The petitioner, Curtis E. Duke, was convicted of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. As a result, he was sentenced to 39 years in the Department of Correction. See State v. Curtis Emery Duke, No. M2000-00350-CCA-R3-CD, 2001 WL 252080 (Tenn. Crim. App. at Nashville, Mar. 14, 2001), perm. to appeal denied (Tenn. Mar. 27, 2001). In this pro se post-conviction petition, the petitioner presents the following issues for our review: (1) whether the trial court erred in finding that the petitioner waived the amendment of the indictment regarding variance; (2) whether the trial court erred in ruling that the petitioner's convictions were not obtained in violation of double jeopardy; (3) whether the trial court erred in sentencing the petitioner; and (4) whether the petitioner received effective assistance of counsel. Because the first three issues should have been addressed on direct appeal, we conclude that they are waived. Further, petitioner received the effective assistance of counsel. We therefore affirm the trial court's dismissal of the post-conviction petition.