Jerome Dance v. State of Tennessee

The petitioner, Jerome Dance, appeals the Gibson County Circuit Court’s denial of his petition for post-conviction relief. He was convicted of two counts of sale of cocaine over .5 grams, Class B felonies, and one count of sale of cocaine less than .5 grams, a Class C felony. Subsequently, he was sentenced, as a Range II offender, to an effective term of thirty-five years in the Department of Correction. On appeal, the petitioner contends that he was denied effective assistance of counsel. He specifically argues that trial counsel was ineffective in failing to: (1) object to an insufficient Notice of Enhancement Factors filed by the State; (2) file a motion for recusal of the trial judge; (3) adequately prepare for the sentencing hearing; (4) inform the petitioner of a plea offer and to adequately advise him that he would not be sentenced as a Range I offender if he proceeded to trial; and (5) pursue a Rule 11 application to appeal with the Tennessee Supreme Court or to properly withdraw. Following review of the record, the denial of post-conviction relief is affirmed.