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· 10/9/2020

State of Tennessee v. Albert O. Dewalt

Syllabus

The Defendant, Albert O. Dewalt, pleaded guilty over the course of five years to multiple charges: two counts of sale of cocaine weighing more than .5 grams (C07-216) two counts of sale of cocaine weighing more than .5 grams (09-CR-107) one count of felony possession with intent to deliver or sell cocaine weighing more than .5 grams (09-CR-108) and one count of attempted second degree murder (09-CR-274). The trial court imposed an effective sentence of twenty-two years. After multiple unrelated filings, in 2020, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to amend his sentence for attempted second degree murder. The trial court denied the Defendant's motion on the grounds that he had agreed to his sentence and that the Defendant had not stated a basis for relief. On review, having determined that the Petitioner has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

Judges: Judge Robert W. Wedemeyer

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