Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs September 3, 2014
Direct Appeal from the Circuit Court for Lauderdale County No. 6731 Joseph H. Walker, III, Judge
Sonny Lyles, Henning, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Mike Dunavant, District Attorney General, for the appellee, State of Tennessee.
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Alan E. Glenn and Robert L. Holloway, Jr., JJ., joined.
ROBERT W. WEDEMEYER, JUDGE
A. Procedural History
This case arises from the Petitioner's plea of guilty to several charges: one count of aggravated robbery, one count of theft of property valued over $500, five counts of robbery, and three counts of aggravated robbery. In accordance with the plea agreement, the Petitioner was sentenced to twelve years and six months, as a violent offender, to be served at 100%, and his sentence was ordered to be served concurrently with an 150-month sentence in Arkansas. On March 22, 2013, the Petitioner received an early release from his Arkansas sentence.
The Petitioner filed a petition for habeas corpus relief, alleging that "once [he] was granted parole in Arkansas, the judgment entered by Tennessee was null and void, as so with concurrent sentences, release on one represents release on all." The trial court found:
Concurrent means the sentences are served at the same time, not that the release eligibility dates are the same.
The [P]etitioner's sentence has not expired, and the court had jurisdiction.
It is therefore ORDERED that the petition is denied ...