Richard Joe Fitten v. State of Tennessee

The petitioner, Richard Joe Fitten, appeals pro se from the denial of post-conviction relief by the Criminal Court for Hamilton County. Pursuant to a plea agreement, Fitten resolved case numbers 255275, 261292, and 261403. In case number 255275, Fitten agreed to the revocation of his probation and the imposition of a six-year sentence. He also agreed to plead guilty to filing a false police report, case number 261292, and retaliation for past action, case number 261403. He received a two-year sentence on the false reporting offense, and one year on the retaliation offense, to be served consecutively. However, the effective three-year sentence was suspended to unsupervised probation, to be served consecutively to the six-year sentence. Although not entirely clear from his handwritten brief, Fitten claims: (1) his conviction for retaliation for past action should be dismissed because it resulted from an illegal arrest under the Fourth and Fourteenth Amendments to the United States Constitution; and (2) the evidence was insufficient to support his convictions for retaliation for past action and filing a false police report. Upon review, we affirm the judgment of the post-conviction court.