Court of Criminal Appeals of Tennessee, Nashville
Session October 18, 2016
from the Circuit Court for Lewis County No. 2015-CR-23 Joseph
A. Woodruff, Judge.
Petitioner, Robert Murphy, appeals the Lewis County Circuit
Court's denial of his petition for post-conviction relief
from his convictions of two counts of rape, two counts of
aggravated sexual battery, and two counts of incest and
resulting effective sentence of forty-eight years to be
served at 100%. On appeal, the Petitioner contends that the
post-conviction court erred by finding that his petition was
barred by the statute of limitations because due process
required that the statute of limitations be tolled. Based
upon the oral arguments, the record, and the parties'
briefs, we affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Capparella and Elizabeth Sitgreaves, Nashville, Tennessee,
for the appellant, Robert Murphy.
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Counsel; Kim R. Helper, District Attorney
General; and Jennifer Mason, Assistant District Attorney
General, for the appellee, State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
John Everett Williams and Robert W. Wedemeyer, JJ., joined.
MCGEE OGLE, JUDGE.
6, 2002, the Petitioner pled guilty in the Lewis County
Circuit Court to two counts of rape, a Class B felony, two
counts of aggravated sexual battery, a Class B felony, and
two counts of incest, a Class C felony. He received
twelve-year sentences to be served at 100% for the rape
convictions, twelve-year sentences for the aggravated sexual
battery convictions, and six-year sentences for the incest
convictions. The trial court ordered that the twelve-year
sentences be served consecutively for a total effective
sentence of forty-eight years at 100% in confinement.
25, 2013, the Petitioner filed a petition for writ of habeas
corpus in the Lake County Circuit Court, alleging that the
judgments of conviction were void because the Lewis County
Circuit Court failed to comply with Tennessee Code Annotated
section 39-13-524, which required community supervision for
life for defendants convicted of rape and aggravated sexual
battery. See Tenn. Code Ann. § 39-13-524(a)(1).
The Petitioner also argued in the petition that his judgments
of conviction were void because the trial court failed to
award pretrial jail credit. On September 23, 2013, the habeas
corpus court conducted a hearing on the petition and took the
matter under advisement until it could review the guilty plea
hearing transcript. After reviewing the transcript, the court
entered an order on February 18, 2014, finding that the issue
of lifetime community supervision was not part of the
Petitioner's plea agreement and remanding the case to the
trial court for entry of "corrected" judgments. The
order did not address pretrial jail credit. On March 17,
2014, the Lewis County Circuit Court entered amended
judgments for the rape and aggravated sexual battery
convictions, reflecting community supervision for life
pursuant to Tennessee Code Annotated section 39-13-524.
April 9, 2014, the Lake County Circuit Court entered an order
amending its February 18, 2014 order. The amended order
After review of the trial record in this case, the Court has
determined that neither the omission of lifetime community
supervision nor failure to award pretrial jail credits was a
material element of the plea agreement. Therefore, this Court
is of the opinion that the petitioner is entitled to relief;
however, because the petitioner has not shown that the
illegalities in his sentence resulted from a plea agreement,
the only relief to which the petitioner is entitled is entry
of . . . corrected judgments imposing lifetime community
supervision and awarding the appropriate jail credits.
to the order, the Lewis County Circuit Court entered
corrected judgments on February 25, 2015, reflecting both