Case Number
M2004-01534-CCA-R3-HC
The petitioner appeals the trial court's dismissal of his pro se petition for writ of habeas corpus, in which he contended that his sentence violated the Double Jeopardy Clause of the Fifth Amendment because he was classified as both a Range II, persistent offender and a Class X offender. We conclude that the petitioner was properly sentenced based upon both the classification of the offense (Class X) and the offender classification (Range II, persistent). As such, we affirm the trial court's dismissal of the habeas petition.
Originating Judge
Judge Jim T. Hamilton
Case Name
Gary Wallace v. State of Tennessee
Date Filed
Dissent or Concur
No
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