Auqeith Lashawn Byner v. State of Tennessee

Petitioner, Auqeith Lashawn Byner, was indicted by the Davidson County Grand Jury for one count of possession of .5 grams or more of cocaine within 1,000 feet of a school with the intent to sell or deliver and one count of reckless driving. After a jury trial, he was convicted as charged. As a result, he was sentenced to a sixteen-year sentence for the possession of cocaine with intent to sell conviction and six months for reckless driving, to be served concurrently to each other but consecutively to the sentence in another case 2007-D-3157. Petitioner initiated a direct appeal of his convictions but dismissed the appeal voluntarily. Petitioner later sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Petitioner appealed. After a review, we determine Petitioner has failed to establish by clear and convincing evidence that he received ineffective assistance of counsel at trial. Accordingly, the judgment of the post-conviction court is affirmed.