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. Peterson

Court of Criminal Appeals of Tennessee, Jackson

March 23, 2017

STATE OF TENNESSEE
v.
SPENCER PETERSON

          Assigned on Briefs March 7, 2017

         Appeal from the Criminal Court for Shelby County Nos. 01-04380, 01-04381, 01-04382, 01-04383, 01-04384, 01-04385, 01-04386, 01-04387, 01-04388, 01-04389, 01-04390, 01-04391, 01-04392 J. Robert Carter, Jr., Judge

         Spencer Peterson ("the Defendant") appeals the summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. Discerning no error, we affirm the trial court's summary denial of the motion.

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

          Spencer Peterson, Whiteville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Carrie Shelton-Bush, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr. J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and James Curwood Witt, Jr., J., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         Factual and Procedural Background

         On April 26, 2001, the Shelby County Grand Jury charged the Defendant with nineteen offenses spread across thirteen separate indictments including one count of first degree premeditated murder, two counts of first degree felony murder, two counts of attempted first degree murder, eight counts of aggravated robbery, one count of aggravated burglary, three counts of attempted especially aggravated robbery, and two counts of attempted aggravated robbery. The cases were consolidated for trial. The Defendant was convicted as charged with the exception of the three first degree murder counts and the two attempted first degree murder counts, in which he was convicted, respectively, of second degree murder and attempted second degree murder. After merging the three second degree murder convictions and the separate convictions of aggravated robbery involving the same victim, the trial court sentenced the Defendant to consecutive terms of twenty years for the second degree murder conviction and eight years for each of the four aggravated robbery convictions. The remaining convictions were ordered to be served concurrently for an effective sentence of fifty-two years in the Department of Correction. The Defendant's convictions were affirmed on direct appeal, but the case was remanded for the trial court to "set out its basis for consecutive sentencing." State v. Spencer Peterson, No. W2003-02939-CCA-R3-CD, 2004 WL 2791621, at *1 (Tenn. Crim. App. Dec. 6, 2004), perm. app. denied (Tenn. Mar. 21, 2005). In the subsequent appeal, this court affirmed the consecutive sentences. State v. Spencer Peterson, No. W2005-01701-CCA-R3-CD, 2006 WL 1215138, at *1 (Tenn. Crim. App. May 5, 2006), perm. app. denied (Tenn. Oct. 2, 2006).

         After unsuccessfully pursuing post-conviction relief and relief under Rule 36.1, [1]the Defendant filed a "Motion to Correct Illegal Sentence" claiming that his sentences were illegal because second degree murder was not a lesser-included offense of felony murder and because his arrest warrants were void. In its written order summarily denying the motion, the trial court stated:

Murder second is a lesser[-]included offense of first degree murder (premeditated or in perpetration of a felony). T.C.A. §40-18-110(g)(1).
Any procedural defect in an arrest warrant was cured by the action of the grand jury in returning an indictment. Further, any complaints about Petitioner's arrest have long been "waived" or "previously determined" and do not operate to render Petitioner's sentence void.
Rule 36.1 applies to motions where there is a "colorable claim that the sentence is illegal[.]" Tennessee Rules Criminal Procedure 36.1(b). The sentence in these cases i[s] not illegal, and therefore, the Motion to ...

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.