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State v. Talley

Court of Criminal Appeals of Tennessee, Knoxville

April 7, 2017

STATE OF TENNESSEE
v.
JOHN TALLEY

          Assigned on Briefs September 20, 2016

         Appeal from the Criminal Court for Hamilton County No. 159257, 159258, 164952, 164953, 164955 Barry A. Steelman, Judge

         Defendant, 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 court.

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

          Lorrie Miller, Chattanooga, Tennessee, for the appellant, John Talley.

          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.

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

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Background

         This is the second appeal to this court in this case.

         Defendant, 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 159258.
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 ...

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