Assigned on Briefs Date: April 3, 2018
from the Criminal Court for Shelby County No. 09-06393 Chris
Petitioner, Eric Bledsoe, appeals as of right from the
dismissal of his petition for post-conviction relief, wherein
he requested DNA analysis pursuant to Tennessee Code
Annotated section 40-30-303. On appeal, the Petitioner
contends that the post-conviction court erred in dismissing
his petition for post-conviction DNA analysis because the
evidence was already tested. Following our review, we affirm
the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Bledsoe, Clifton, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Marianne L. Bell, Assistant
District Attorney General, for the appellee, State of
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Robert L. Holloway, Jr., and J. Ross Dyer, JJ., joined.
KELLY THOMAS, JR., JUDGE
AND PROCEDURAL BACKGROUND
October 8, 2009, the Shelby County grand jury indicted the
Petitioner of one count of aggravated rape, one count of
aggravated burglary, and one count of theft of property
valued at $1, 000 or more but less than $10, 000. On April
16, 2012, the Petitioner's case went to trial, and the
jury convicted him as charged. At the subsequent sentencing
hearing, the trial court sentenced the Petitioner to an
effective sentence of sixty-five years to be served in the
Tennessee Department of Correction. On direct appeal, this
court affirmed his convictions and sentences. State v.
Eric Bledsoe, No. W2012-01643-CCA-R3-CD, 2013 WL 3968780
(Tenn. Crim. App. July 31, 2013), perm. app. denied
(Tenn. Nov. 14, 2013).
Thereafter, the Petitioner filed for post-conviction relief
alleging ineffective assistance of counsel. The
post-conviction court denied relief, and this court affirmed
the denial on appeal. Eric Bledsoe v. State, No.
W2016-00419-CCA-R3-PC, 2017 WL 1380022 (Tenn. Crim. App.
April 13, 2017), perm. app. denied (Tenn. Aug. 18,
relevant facts underlying the offenses that were introduced
at Petitioner's jury trial are as follows:
On May 18, 2009, the Petitioner came into victim's
townhome through her open window and sexually assaulted the
victim. When the victim fought back, the Petitioner placed
both hands around the victim's neck and choked her until
she was unconscious. When the victim regained consciousness,