Fenner v. Commonwealth of Virginia, No. 3:2012cv00856 - Document 24 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 7/18/2014. Copies as directed to Fenner and counsel of record.(cmcc, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RODNEY EUGENE FENNER, Petitioner, v. Civil Action No. 3-.12CV856 COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION Rodney Eugene Fenner, a Virginia prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. ยง 2254. Fenner challenges his convictions in the Circuit Court of the City of Norfolk ("Circuit Court") for one count of robbery and one count of malicious wounding. Respondent has filed its Second Motion to Dismiss (ECF No. 17) and filed the appropriate Roseboro* notice (ECF No. 19). Fenner has responded. (ECF No. 21.) For the reasons set forth below, the Second Motion to Dismiss will be GRANTED. I. PROCEDURAL HISTORY After pleading guilty to one count of robbery and one count of malicious wounding, the Circuit Court sentenced Fenner to an active term of imprisonment of five years on the robbery count and fifteen years on the malicious wounding count. See Commonwealth v. Fenner, Nos. CR10003122-00 and CR10003122-01, at 1-2 (Va. Cir. Ct. Jan. 28, 2011). Fenner filed two motions to reconsider his sentence that the Circuit Court denied. See Commonwealth v. Fenner, Nos. CR10003122-00 and CR10003122-01, at 1 (Va. Cir. Ct. Mar. 30, 2011); id at 1 (Va. Cir. Ct. July 6, 2011). On April 27, 2012, the Circuit Court granted Fenner's third reconsideration motion and modified his sentence on the malicious wounding conviction to an 1Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975).
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