Atkins v. State
Annotate this CaseAfter a jury trial, Appellant Marcus Atkins was convicted of first-degree battery, kidnapping, and possession of a firearm by certain persons. Appellant filed a pro se petition for postconviction relief, arguing that he was not afforded effective assistance of counsel because his trial counsel failed to object when the trial judge sentenced him to a firearm enhancement rather than submitting the issue to a jury. After holding a joint hearing on the petitions filed by Appellant and two codefendants, the trial court denied relief. The Supreme Court subsequently dismissed the appeal of one of Appellant's codefendants from the same circuit court order. The Supreme Court then affirmed the denial of Appellant's petition, holding (1) Appellant's petition and the arguments he made on appeal were virtually identical to those made by his codefendant; and (2) for the reasoning explained in the appeal of the codefendant, the circuit court did not err in denying Appellant's petition.
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