Appeal from the Criminal Court for Shelby County No. P-18580 James C. Beasley, Jr., Judge
Ronnie Bradfield, Whiteville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Alanda Dwyer, Assistant District Attorney General, for the appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the court, in which Camille R. McMullen and Roger A. Page, JJ., joined.
ALAN E. GLENN, JUDGE
In March 1993, the petitioner was convicted of three counts of attempted second degree murder. The trial court imposed concurrent sentences of nine years for each conviction. This court affirmed the petitioner's convictions on direct appeal. See State v. Ronnie Bradfield, No. 02C01-9306-CR-00112, 1995 WL 422787, at *1 (Tenn. Crim. App. July 19, 1995). The petitioner subsequently filed a petition for post-conviction relief. The trial court denied the petition, and this court upheld the trial court's judgment on appeal. See Ronnie Bradfield v. State, No. W1999-02344-CCA-R3-PC, 2001 WL 277950, at *1 (Tenn. Crim. App. Mar. 9, 2001).
In August 2008, the petitioner filed a petition for habeas corpus relief. One of the issues that the petitioner raised was that he was illegally sentenced to 9 years rather than 7.2 years as an especially mitigated offender for each of his three attempted second degree murder convictions. The habeas court denied relief, and this Court affirmed the denial on appeal pursuant to Rule 20 of the Court of Criminal Appeals. See Ronnie Bradfield v. Tony Parker, Warden, No. W2008-02231-CCA-R3-HC, 2009 WL 1634887, at *1 (Tenn. Crim. App. June 10, 2009).
On July 1, 2014, the petitioner filed a pro se "Motion to Reopen Post-Conviction Petition and Correct Illegal Sentence." On August 4, the trial court entered an order denying the motion. The petitioner filed an application in this court pursuant to Tennessee Supreme Court Rule 28 requesting permission to appeal the trial court's denial of his motion to reopen his post-conviction petition. On October 20, this court entered an order denying the petitioner's application. On August 11, the petitioner also filed a notice of appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure regarding the trial court's denial of his motion to correct an illegal sentence.
The petitioner contends that his nine-year sentences are illegal and that as a result, he is entitled to relief pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. Rule 36.1 provides:
a) Either the defendant or the state may, at any time, seek the correction of an illegal sentence by filing a motion to correct an illegal sentence in the trial court in which the judgment of conviction was entered. For purposes of this rule, an illegal sentence is one that is not authorized by the applicable statutes or that directly contravenes an applicable statute.
(b) Notice of any motion filed pursuant to this rule shall be promptly provided to the adverse party. If the motion states a colorable claim that the sentence is illegal, and if the defendant is indigent and is not already represented by counsel, the trial court shall appoint counsel to represent the defendant. The adverse party shall have thirty days within which to file a written response to the motion, after which the court shall hold a hearing on the motion, unless all parties waive the hearing.
(c)(1) If the court determines that the sentence is not an illegal sentence, the court shall file an order denying the motion.
(2) If the court determines that the sentence is an illegal sentence, the court shall then determine whether the illegal sentence was entered pursuant to a plea agreement. If not, the court shall enter an amended uniform judgment document, see Tenn. Sup. Ct. R. 17, setting forth the correct sentence.
(d) Upon the filing of an amended uniform judgment document or order otherwise disposing of a motion filed pursuant to this rule, the defendant or the state may initiate an appeal as of right pursuant ...