Ted Ray Brannan v. State of Tennessee

The defendant, Ted Ray Brannan, was found guilty by a Franklin County jury of aggravated burglary and theft of property. Accordingly, the trial court sentenced him to an effective sentence of twelve years, ten years as a Range III persistent offender for his aggravated burglary conviction to be served concurrently with his twelve year sentence as a career offender for his theft of property conviction. The defendant appealed his conviction to this Court, and we dismissed the appeal, finding that the appeal was not properly before this Court because the defendant had failed to file a timely motion for new trial or a timely notice of appeal. See State v. Ted Ray Brannan, No. 01C01-9704-CC-00148, 1998 WL 242453, at *1 (Tenn. Crim. App. at Nashville, May 15, 1998). The defendant then sought post-conviction relief, and the post-conviction court found that the defendant was deprived of a direct appeal because his counsel was ineffective in failing to file a motion for new trial or a notice of appeal. Accordingly, the post-conviction court granted the defendant a delayed appeal. However, the court found that the defendant's other allegations of error were meritless. The defendant is now before this Court on a delayed appeal challenging the post-conviction court's finding that his other post-conviction issues lacked merit. Although we find that the lower court should have dismissed the post-conviction petition when granting him a delayed appeal, in the interest of judicial economy, we will address the issues pertaining to the post-conviction petition as well as those in his direct appeal. Having found that all the issues in this appeal lack merit, the judgment of the circuit court is affirmed.