Assigned on Briefs January 5, 2017
from the Criminal Court for Shelby County Nos. 08-00832,
08-06106 James C. Beasley, Jr., Judge
defendant, Charles Macklin, appeals the trial court's
dismissal of his motion to correct an illegal sentence
pursuant to Tennessee Rule of Criminal Procedure 36.1 for
failure to assert a colorable claim. Discerning no error, we
affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Charles Macklin, Whiteville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Karen Cook, Assistant District
Attorney General, for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Camille R. McMullen, JJ., joined.
E. GLENN, JUDGE
defendant was indicted and pled guilty to one count of
attempted first degree murder and one count of especially
aggravated robbery and was sentenced to concurrent terms of
eighteen years. Thereafter, the defendant filed a petition
for post-conviction relief, alleging ineffective assistance
of counsel and that his guilty pleas were involuntarily and
unknowingly entered. Charles Macklin v. State, No.
W2010-01768-CCA-R3-PC, 2011 WL 2420876, at *1 (Tenn. Crim.
App. June 15, 2011), perm. app. denied (Tenn. Sept.
21, 2011). The petition was denied, and this court affirmed
the denial on appeal. The Tennessee Supreme Court denied his
application for permission to appeal.
12, 2016, the defendant filed a motion to correct illegal
sentence pursuant to Tennessee Rule of Criminal Procedure
36.1, alleging that his sentence was illegal because the
trial court failed to place findings on the record regarding
enhancement and mitigating factors. The trial court summarily
dismissed the motion for failure to state a colorable claim,
and the defendant appealed.
defendant asserts that his sentence is illegal because the
trial court imposed a sentence that was longer than the
statutory minimum without making findings on the record as to
enhancement and mitigating factors and thus contravening the
requirements of the sentencing act. He claims that he should
have been sentenced as an especially mitigated offender.
Rule of Criminal Procedure 36.1 provides, in part, that a
defendant may "seek the correction of an illegal
sentence by filing a motion to correct an illegal sentence in
the trial court in which the judgment of conviction was
entered." Tenn. R. Crim. P. 36.1(a). An illegal sentence
is defined by Rule 36.1 as "one that is not authorized
by the applicable statutes or that directly contravenes an
applicable statute." Id. A defendant is
entitled to a hearing and the appointment of counsel if he or
she states a colorable claim for relief. Tenn. R. Crim. P.
36.1(b). The Tennessee Supreme Court has stated that a
colorable claim pursuant to Rule 36.1 is a "claim that,
if taken as true and ...