Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Sparkman

Court of Criminal Appeals of Tennessee, Nashville

February 13, 2017

STATE OF TENNESSEE
v.
VICTOR SHARMELL SPARKMAN

          Assigned on Briefs August 9, 2016

         Appeal from the Circuit Court for Maury County No. 19709 Robert L. Jones, Judge

         Defendant, Victor Sharmell Sparkman, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, alleging that he received illegal sentences for his convictions of second degree murder, Range I, 33 years with a release eligibility of "violent 100%" and especially aggravated robbery, Range I, 33 years with a release eligibility of "violent 100%" pursuant to a negotiated plea agreement. The trial court denied the motion without a hearing, and Defendant has appealed. After a thorough review of the record, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Victor Sharmell Sparkman, Only, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; and Brent A. Cooper, District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Robert H. Montgomery, Jr., and J. Ross Dyer, JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Defendant was originally indicted by the Maury County Grand Jury for one count of first degree felony murder, seven counts of especially aggravated robbery, and one count of especially aggravated burglary. Pursuant to the negotiated plea agreement, he pled guilty to second degree murder, a lesser included offense of first degree felony murder, one count of especially aggravated robbery, especially aggravated burglary, and two counts of aggravated robbery as lesser included offenses to charges of especially aggravated robbery. The remaining four charges of especially aggravated robbery were dismissed pursuant to the negotiated plea agreement.

          In his Rule 36.1 motion, Defendant asserts that only his concurrent sentences of 33 years each for second degree murder and especially aggravated robbery are illegal. He does not assert that his concurrent sentences of 10 years for especially aggravated burglary and 10 years for each conviction of aggravated robbery are illegal. Therefore, we will address only the sentences for second degree murder and especially aggravated robbery.

         Both second degree murder and especially aggravated robbery are Class A felonies. T.C.A. §§ 39-13-210(c), 39-13-403(b). The authorized term of imprisonment for a Class A felony is "not less than fifteen (15) nor more than sixty (60) years." T.C.A. § 40-35-111(b)(1). A Range I standard offender sentence for a Class A felony is "not less than fifteen (15) nor more than twenty-five (25) years." T.C.A. § 40-35-112(a)(1). A Range II multiple offender sentence for a Class A felony is "not less than twenty-five (25) nor more than forty (40) years." T.C.A. § 40-35-112(b)(1).

         The judgments for Defendant's convictions for second degree murder and especially aggravated robbery both state on the face thereof that his "offender status" is a "standard" offender, which has a Range I sentence of 15 to 25 years, as noted above. However, each judgment imposes a sentence of 33 years. Each judgment further notes that the "release eligibility" is "violent 100%." T.C.A. § 40-35-501(i)(1) and (2)(B) and (E) mandate that 100% of the sentences imposed for both second degree murder and especially aggravated robbery must be served, less sentence credits earned and retained, but not by more than 15% of the sentence.

         The "Special Conditions" box of each judgment reflects that the "out of range" sentence of 33 years for a Range I offender is the result of a negotiated plea agreement.

         In his appellate brief, Defendant asserts that the sentences imposed for his convictions of second degree murder and especially aggravated robbery are illegal sentences. Defendant asserts his negotiated plea agreement specifically provided that his Range I offender status for each sentence required that he have a 30% release eligibility for his "out of Range I" sentence of 33 years. He alleges that, unknown to Defendant, but known to the State, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.