Court of Criminal Appeals of Tennessee, Nashville
SECDRICK L. BOOKER
STATE OF TENNESSEE
Assigned on Briefs December 16, 2014
Appeal from the Criminal Court for Davidson County No. 97-B-1274 Steve Dozier, Judge
Secdrick L. Booker, Wartburg, Tennessee, Pro Se.
Herbert H. Slatery, III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Glenn Funk, District Attorney General; Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and John Everett Williams, J., joined.
ROBERT W. WEDEMEYER, JUDGE
I. Facts and Procedural History
In 1997, a Davidson County grand jury indicted the Petitioner for criminal attempt to commit especially aggravated robbery, first degree felony murder, and first degree premeditated murder. On February 5, 1999, the Petitioner pleaded guilty to second degree murder. The trial court imposed the agreed out-of-range sentence of thirty years.
On January 10, 2014, the Petitioner filed, pro se, a motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. The Petitioner asserted that his sentence was illegal because a presentence report was not prepared and sent to the Department of Correction as required by Tennessee Code Annotated section 40-35-203(b) and section 40-35-209(d)(1). On April 31, 2014, the trial court entered an order summarily dismissing the Petitioner's motion. The order stated as follows:
The Petitioner, Secdrick Booker, filed a pro se "Motion to Correct an Illegal Sentence." The [P]etitioner was indicted on June 20, 1997, on one count of Attempted Especially Aggravated Robbery, one [count] of Felony Murder and one count of First Degree Murder. On February 5, 1999, the [P]etitioner entered a guilty plea to one count of Second Degree Murder. The plea agreement and the judgment indicate the Petitioner agreed to enter a guilty plea to the amended charge of Second Degree Murder and waived the range of punishment, agreeing to a sentence of thirty years at 100%. He now petitions alleging the sentence is illegal because a sentencing report was never submitted to the Department of Correction, in violation of T.C.A. § 40-35-209(d)(1).
The [Petitioner] agreed to the plea and the sentence received. The Court accepted the plea agreement and did not participate otherwise in the determination of the Petitioner's sentence. "Where the sentence is agreed upon by the district attorney general and the defendant and accepted by the court, the court may immediately impose sentence as provided in § 40-35-205(d) and no specific sentencing hearing or presentence reports shall be required." T.C.A. § 40-35-203(b).
The Court finds no basis to support the Petitioner's allegations that the sentence is illegal or that the sentence should be modified. The petition is dismissed.
It is from this judgment that the ...