Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs January 10, 2017
from the Circuit Court for Trousdale County No. 2016-CV-4540
John D. Wootten, Jr., Judge
Anthony Dodson, appeals from the trial court's summary
dismissal of his pro se petition for writ of habeas
corpus in which he alleged that his conviction for attempted
first degree murder is illegal. After a thorough review, we
affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Anthony Dodson, Hartsville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; M.
Todd Ridley, Assistant Attorney General; and Tom P. Thompson,
Jr., District Attorney General, for the appellee, State of
T. Woodall, P.J., delivered the opinion of the court, in
which Robert W. Wedemeyer and Robert L. Holloway, Jr., JJ.,
T. WOODALL, PRESIDING JUDGE.
was convicted by a Shelby County jury of attempted first
degree murder, a Class A felony, and sentenced to twenty-five
years as a Range I standard offender. On appeal this court
affirmed the conviction and sentence. State v. Anthony
Dodson, No. W2009-02568-CCA-R3-CD, 2011 WL 2176581
(Tenn. Crim. App. June 2, 2011). Petitioner filed a petition
for post-conviction relief. Anthony Dodson v.
State, No. W2012-00567-CCA-R3-PC, 2013 WL 1187938
(Tenn. Crim. App. Mar. 21, 2013). After a hearing, the trial
court dismissed the petition, and this court affirmed the
13, 2016, Petitioner filed a petition for writ of habeas
corpus alleging that count two of his indictment, charging
him with theft, was dismissed upon motion of the State. Count
one charged attempted first degree murder, and he was
convicted by a jury. Petitioner alleged that the trial court
lost jurisdiction in count one when that charge was not
resubmitted to the grand jury after count two was dismissed.
The habeas corpus court summarily dismissed the petition
without a hearing. In its order the court stated:
The Petitioner's chief complaint is that the State
requested that count two of the indictment alleging a theft
in the original case divested the trial court of its
jurisdiction. The petitioner argues that the indictment
should have been re-submitted to the Grand Jury. The
petitioner cites no authority for his position.
The State may terminate a prosecution by filing a dismissal
of an indictment or a portion thereof. This dismissal may
only be with the court's permission. See Rule 48,
Tenn. R. Crim. P. In essence, the petitioner originally
faced a trial on two counts. He was convicted of [attempted]
first-degree murder. The State dismissed the second count
alleging theft prior to trial. Obviously this dismissal
inured to his benefit inasmuch as the petitioner did not have
to defend that charge nor, if convicted, was he subjected to
additional punishment. A dismissal of one count of an
indictment does not render a judgment on another valid ...