Rodriquez McNary v. State of Tennessee

Petitioner, Rodriquez McNary, appeals the denial of his petition for post-conviction relief. Following a jury trial, Petitioner and his two
co-defendants were convicted of two counts of attempted first-degree murder, one count of aggravated assault, and one count of reckless endangerment. Defendant and one of his co-defendants were also convicted of one count of employing a firearm during the commission of a dangerous felony. The third co-defendant was convicted of employing a firearm during the commission of a dangerous felony after having been previously convicted of a felony and of possessing a firearm after having been convicted of a felony involving the use or attempted use of violence. Petitioner was sentenced to an effective forty-one-year sentence. On appeal, this court held that the evidence was insufficient to support Petitioner’s conviction for employing a firearm during a dangerous felony and reversed and remanded the case for a new trial on the lesser-included offense of possession of a firearm during the commission of a dangerous felony. Petitioner’s remaining convictions were affirmed. State v. Dantario Burgess, et al., No. W2015-00588-CCA-R3-CD, 2017 WL 417231, at *1-10 (Tenn. Crim. App. Jan. 31, 2017). Petitioner contends on appeal that the post-conviction court erred in denying the petition for post-conviction relief because the post-conviction court erred in failing to find prosecutorial vindictiveness, and he was denied effective assistance of counsel. Following a review of the briefs and the record, we affirm the judgment of the post-conviction court.