Carl McIntosh v. State of Tennessee

The petitioner, Carl McIntosh, was convicted of one count of selling 0.5 gram or more of cocaine(Class B felony), one count of delivering 0.5 gram of cocaine (Class B felony), and two counts of simple possession (Class A misdemeanor). The convictions for selling and delivery were merged, and the counts of simple possession were merged. He was sentenced to twelve years in the Department of Correction for the Class B felony and to eleven months and twenty-nine days for the Class A misdemeanor, to be served consecutively to the Class B felony for a total effective sentence of twelve years, eleven months, and twenty-nine days. He appealed, and a panel of this court affirmed his convictions. State v. Carl McIntosh, No. W2003-02359-CCA-R3-CD, 2005 Tenn. Crim. App. LEXIS 303, at *1 (Tenn. Crim. App. at Jackson, Mar. 30, 2005), perm. app. denied (Tenn. Aug. 29, 2005). Here, he appeals the post-conviction court’s denial of relief and contends that trial counsel was ineffective. The petitioner specifically contends that counsel did not meet with him prior to trial, failed to adequately investigate the confidential informant, failed to discuss the petitioner’s testimony with him prior to trial, and failed to object to a Tennessee Bureau of Investigation (TBI) forensic report used at trial. After review, we affirm the judgment from the postconviction court.