Freddie Lewis Osborne v. State of Tennessee

A jury convicted the Petitioner, Freddie Lewis Osborne, of sale of a controlled substance within 1000 feet of a Drug-Free School Zone (“DFSZ”), and the trial court sentenced him as a Range II, multiple offender to thirty-two and a half years of incarceration. The Petitioner contested his conviction by direct appeal, post-conviction petition, and by petition for habeas corpus relief. Subsequently, he filed a “Petition for Sentencing Relief,” which the trial court denied by written order. On appeal, the Petitioner contends that the trial court erred because the Petitioner had: (1) sufficiently stated a claim for re-opening his petition for post-conviction relief; (2) stated a claim that the application of the DFSZ Act violated his right to equal protection; and (3) sufficiently stated a claim for the correction of an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm the post-conviction court’s judgment.