Ricky Johnson v. State of Tennessee

The Petitioner, Ricky Johnson, was convicted by a Madison County jury in 1989 of burglary of an automobile and grand larceny and was sentenced to concurrent eight-year sentences as a Range II, persistent offender. More than twenty-one years later, the Petitioner filed a petition for writ of error coram nobis, alleging that there was a variance between the indictment and the proof at trial and that his convictions violated double jeopardy protections. The Madison County Circuit Court summarily dismissed the petition. On appeal, the Petitioner argues that the coram nobis court erred: (1) in dismissing the petition without an evidentiary hearing and without appointing counsel; and (2) in denying him relief. Upon review, we affirm the judgment of the coram nobis court.