Assigned on Briefs July 26, 2016
from the Criminal Court for Shelby County Nos. 90-00364,
90-10186, 90-10187, 90-10189, 90-10190, 90-10191, 90-10192,
90-10193 Lee V. Coffee, Judge
Jerry L. Faulkner, appeals as of right from the Shelby County
Criminal Court's denial of his motion under Tennessee
Rule of Criminal Procedure 36.1 to correct an illegal
sentence. Defendant contends that the trial court erred by
concluding that relief was not available because his illegal
sentence had expired and thus was not subject to correction
under Rule 36.1. After a thorough review of the record and
applicable law, we affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
A. Timmerman, Memphis, Tennessee, for the appellant, Jerry L.
Herbert H. Slatery III, Attorney General and Reporter;
Benjamin A. Ball, Senior Counsel; Amy P. Weirich, District
Attorney General; and Kenya Smith, Assistant District
Attorney General, for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which Camille R. McMullen, and Robert H. Montgomery, Jr.,
T. WOODALL, PRESIDING JUDGE
to a preliminary order entered by the trial court, Defendant
was arrested for aggravated robbery on August 29, 1989, in
Case No. 90-00364. He was released on bond on August 31,
1989. While on bond, Defendant committed "a series of
other felony offenses and was arrested on April 1, 1990, for
attempted robbery (90-10186), aggravated robbery (90-10189,
90-10190, 90-10191 and 90-10193) and theft of property over
$1, 000 (90-10187 and 90-10192)."
17, 1991, Defendant plead guilty to five counts of aggravated
robbery, two counts of theft of more than $1, 000, robbery
with a deadly weapon, and attempted aggravated robbery in
exchange for concurrent sentences. He received an agreed
effective sentence of ten years. The trial court ordered the
sentence to be served consecutively to the sentence
previously imposed in Case No. 90-10194.
November 24, 2014, Defendant, who is incarcerated in a
federal corrections institution in Memphis for unrelated
offenses, filed the present motion pursuant to Tennessee Rule
of Criminal Procedure 36.1. In the motion, Defendant alleged
that he had been released on bond for aggravated robbery
(90-00364) when he was arrested and charged with committing
four counts of aggravated robbery (90-10190, 90-10191,
90-10193, and 90-10189), theft of property more than $1, 000
(90-10187 and 90-10192), and attempted aggravated robbery
(90-10186). Therefore, his sentences should have been ordered
to run consecutively rather than concurrently resulting in an
illegal sentence. See T.C.A. § 40-20-111(b).
Defendant concedes that his effective ten-year sentence
expired on April 15, 2010.
trial court appointed counsel, and an amended motion to
correct an illegal sentence and a second amended motion to
correct an illegal sentence were filed. On December 7, 2015,
the trial court entered a written order denying the motion
without an evidentiary hearing. Relying on the supreme
court's opinion in State v. Brown, 479 S.W.3d