Court of Criminal Appeals of Tennessee, Knoxville
MARCUS T. JOHNSON
STATE OF TENNESSEE
Assigned on Briefs October 25, 2016
from the Criminal Court for Knox County No. 94097 Steven
Wayne Sword, Judge
T. Johnson, Pikeville, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter; Lacy
Wilber, Senior Counsel; and Charme Allen, District Attorney
General, for the appellee, State of Tennessee.
L. Holloway, Jr., J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and J. Ross Dyer, JJ., joined.
L. HOLLOWAY, JR., JUDGE
Factual and Procedural Background
April 7, 2011, the Defendant pled guilty to sale of .5 grams
or more of cocaine, a Class B felony. Pursuant to a plea
agreement, the trial court sentenced the Defendant, as a
Range I standard offender, to ten years and suspended the
sentence to supervised probation. The trial court later
revoked the Defendant's probation and ordered the
Defendant to serve the remainder of his sentence in
his probation revocation, the Defendant has filed a plethora
of motions in the trial court. The Defendant filed his first
Rule 36.1 Motion on October 16, 2013. The Defendant filed a
second Rule 36.1 Motion on May 29, 2015, which the trial
court denied. The Defendant filed his third Rule 36.1
Motion on September 14, 2015, which the trial court denied.
This court affirmed the trial court's denial on July 13,
2016. State v. Marcus T. Johnson, No.
E2016-00004-CCA-R3-CD, 2016 WL 3912565, at *3 (Tenn. Crim.
App. July 13, 2016), perm. app. denied (Tenn. Oct.
19, 2016). The Defendant filed his fourth and current Rule
36.1 motion on February 4, 2016. In this motion, the
Defendant argued that his sentence of ten years with a thirty
percent release eligibility for a Class B felony was illegal.
The Defendant asserted that because trial counsel verbally
informed him that he would be pleading to a Class C felony as
a Range I standard offender and his plea agreement did not
state that he was pleading to a Class B felony, his proper
sentencing range was three to six years. The trial court
denied this motion on February 23, 2016, finding that
"the [D]efendant ha[d] failed to present any issues
indicating that his judgment is illegal." This appeal
2013, the Tennessee General Assembly promulgated Rule 36.1,
which provides, in part:
(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
. . .
(c)(1) If the court determines that the sentence is not an
illegal sentence, the court shall file an order ...