Tony Martin v. State of Tennessee

The petitioner, Tony Martin, appeals the dismissal of his motion to reopen his petition for post-conviction relief. The petitioner claims on appeal that State v. Gomez, 239 S.W.3d 733 (Tenn. 2007) (Gomez II) established a previously unrecognized constitutional right to have a jury, rather than the trial judge, determine the existence of facts necessary to enhance his sentence. The state has filed a motion requesting that this court affirm the Shelby County Criminal Court’s dismissal of the motion to reopen pursuant to Rule 20, Rules of the Court of Criminal Appeals. We grant the state’s motion and affirm the judgment of the criminal court.