Antonio Lamont Scales v. State of Tennessee

Petitioner, Antonio Lamont Scales, was convicted in Davidson County Criminal Court for the offenses of attempted second degree murder of one victim and reckless aggravated assault of another victim.  His co-defendant at trial was convicted of the same offenses.  On appeal, Petitioner challenged the sufficiency of the evidence to sustain the convictions, the trial court’s failure to provide the “missing witness” instruction to the jury, and the sentences imposed by the trial court.  The convictions were affirmed, but the sentences were vacated and the case was remanded for resentencing.  See State v. Timothy Washington Lyons and Antonio Lamont Scales, No. M2009-02524-CCA-R3-CD, 2011 WL 300141, at *1 (Tenn. Crim. App. Jan. 18, 2011).  After resentencing, no further appeal was instituted by Petitioner.  His effective sentence after remand was twenty years, down from twenty-two years originally imposed by the trial court.  Petitioner subsequently filed a petition for post-conviction relief which was dismissed after an evidentiary hearing.  This appeal followed.  After a thorough review, we affirm the judgment of the post-conviction court.