Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs September 20, 2016
from the Criminal Court for Hamilton County No. 159257,
159258, 164952, 164953, 164955 Barry A. Steelman, Judge
John Talley, appeals as of right from the Hamilton 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. After a thorough review of the record
and applicable law, we affirm the judgment of the trial
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Miller, Chattanooga, Tennessee, for the appellant, John
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Senior Counsel; and M. Neal Pinkston, District
Attorney General, for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which Alan E. Glenn and Robert H. Montgomery, Jr., JJ.,
T. WOODALL, PRESIDING JUDGE.
the second appeal to this court in this case.
who is currently incarcerated at the Federal Correctional
Institution in Memphis, filed a "MOTION TO CORRECT
ILLEGAL SENTENCE PURSUANT TO TENNESSEE RULES OF CRIMINAL
PROCEDURE, RULE 36.1" which was summarily dismissed by
the trial court. In the first appeal, this court set forth
the following history of Defendant's cases:
In December of 1984, Appellant was indicted by a Hamilton
County grand jury in case numbers 159257 and 159258 for two
counts of felony selling and/or delivering cocaine. On
January 29, 1985, Appellant pled guilty to two counts of the
sale of cocaine. He was sentenced to a four-year term of
imprisonment for each conviction. Appellant was paroled on
April 30, 1985.
In June of 1986, Appellant was indicted by the Hamilton
County grand jury in case numbers 164952, 164593, and 164595
to three counts of the sale or delivery of cocaine. On
October 13, 1986, Appellant pled guilty to three counts of
feloniously selling cocaine in exchange for a six-year
sentence on each count, to be served concurrently with each
other and with prior sentences in case numbers 159257 and
On April 14, 2014, Appellant filed a motion pursuant to
Tennessee Rule of Criminal Procedure 36.1 (the Rule) to
correct the illegal sentences in cases 159257, 159258,
164952, 164953, and 164595. Appellant alleged that because
the offenses in case numbers 164952, 164953, and 164955
occurred while he was on parole for the offenses in case
numbers 159257 and 159258, the trial court did not have the
authority to order the sentences to run concurrently.
Appellant alleged that the sentences were in direct
contravention of Tennessee Code Annotated section 40-28-123
and Tennessee Rule of Criminal Procedure 32(c)(3)(A).
Appellant also alleged that the illegality of the sentences
was a material component of the plea agreement, thereby
rendering the guilty pleas involuntary or unintelligently
entered. Appellant asked ...