Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs January 10, 2017
Appeal from the Circuit Court for Lincoln County No. 180-95
Forest A. Durard, Jr., Judge
1991, the Defendant, Michael O. Brown, was convicted of sale
of cocaine, and the trial court sentenced him to eleven years
of incarceration. In 1996, the Defendant was convicted of
sale of cocaine, and the trial court sentenced him to twenty
years of incarceration to be served consecutively to his
sentence for the 1991 conviction. In 2006, the Defendant
filed a motion to correct an illegal sentence. The trial
court concluded that the Defendant's 1991 sentence had
been improperly enhanced, so it modified the sentence to
eight years. The trial court further concluded that this
modification did not affect the Defendant's sentence for
his 1996 conviction. After filing multiple motions to correct
an illegal sentence from 2006 to 2008, the Defendant filed a
motion pursuant to Tennessee Rule of Criminal Procedure 36.1
in 2016, contending that his 1991 conviction was illegal and
had been vacated, making the trial court's use of it as
an enhancement for his 1996 sentence improper. The trial
court dismissed the Defendant's motion and denied his
subsequent motion to reconsider. The Defendant appeals,
contending that his sentence for his 1996 conviction was
improperly enhanced and that the trial court erred when it
denied his motion to reconsider. After a thorough review of
the record, we affirm the trial court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Jonathan C. Brown, Fayetteville, Tennessee, for the
appellant, Michael O. Brown.
Herbert H. Slatery III, Attorney General and Reporter and
Brent C. Cherry, Senior Counsel, and Robert J. Carter,
District Attorney General for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the Court, in
which Thomas T. Woodall, P.J. and Robert L. Holloway, Jr.,
W. WEDEMEYER, JUDGE
case originally stems from a jury convicting the Defendant in
1991 for the sale of cocaine. State v. Michael O.
Brown, No. 01-C-019203-CC000083, 1991 WL 335920 (Tenn.
Crim. App., at Nashville, Nov. 18, 1991), no perm. app.
filed. The trial court sentenced the Defendant in the
1991 case to eleven years, as a Range I, standard offender.
In 1996, a jury convicted the Defendant again of the sale of
cocaine, and the State sought an enhanced sentence based on
the Defendant's prior convictions, including his 1991
conviction. The trial court sentenced him to twenty years as
a Range II multiple offender to be served consecutively to
his eleven-year sentence. In 2006, the Defendant filed a
motion to correct an illegal sentence seeking to correct his
1991 sentence, and the trial court granted his motion based
on the following set of facts and conclusions:
The Defendant testified that he was never addressed and
sentenced in open court by the trial judge on any of these
dates [when he appeared in court]. Indeed, [the Defendant]
testified that he learned of his sentence while he was in
Thus, the Defendant alleged that his sentence was
"illegal and void."
At the hearing on the Defendant's motion [to correct an
illegal sentence], [the Defendant] testified that one of the
prior convictions attributed to him in the presentence report
and in the Notice of Intent to Seek Enhanced Punishment was
not [the Defendant's]. The proof, a certified copy of the
judgment in a case of another Michael Brown in Rutherford
County, Tennessee, show unequivocally that [the Defendant]
was the not the defendant in that case.
An Addendum to the Pre-Sentence Report dated March 25, 1993,
also revealed that another prior conviction attributed to ...