Assigned on Briefs January 5, 2017
from the Circuit Court for Hardeman County No. CC-16-CR-60
Joe H. Walker, III, Judge.
Petitioner, Timothy Lee Armstrong, appeals the summary
dismissal of his petition for writ of habeas corpus in which
he challenged his 1994 convictions for felony murder and
especially aggravated robbery and his effective sentence of
life imprisonment. After a thorough review of the record and
applicable law, we affirm the dismissal of the petition.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Timothy Lee Armstrong, Whiteville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; and D. Mike
Dunavant, District Attorney General, for the appellee, State
Everett Williams, J., delivered the opinion of the court, in
which Alan E. Glenn and Camille R. McMullen, JJ., joined.
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
jury indicted the Petitioner for felony murder during the
perpetration of especially aggravated robbery, premeditated
first degree murder, and especially aggravated robbery. The
indictment for especially aggravated robbery alleged that the
did unlawfully, intentionally, knowingly, violently obtain
from the person of Theresa Patterson, personal property of
value (under $500), by use of a deadly weapon, namely, an
iron skillet and a butcher knife, a more exact description
thereof being unknown to the Grand Jurors with the intent to
deprive Theresa Patterson, of her personal property without
her effective consent, resulting in death to Theresa
16, 1994, the Petitioner pled guilty to felony murder and
especially aggravated robbery. The trial court sentenced the
Petitioner to life in prison for the felony murder conviction
and twenty-two years for the especially aggravated robbery
conviction, ordering the sentences to be served concurrently.
April 7, 2016, the Petitioner filed a petition for writ of
habeas corpus, arguing that double jeopardy protections bar
his convictions of felony murder and especially aggravated
robbery because the especially aggravated robbery conviction
"requires the same facts to prove the same elements
as" the felony murder conviction. He also argued that
trial counsel was ineffective for allowing him to plead
guilty to charges from "a facially defective
indictment." The habeas corpus court dismissed the
petition, finding that the Petitioner's ...