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Davis v. State

Court of Criminal Appeals of Tennessee, Jackson

May 9, 2017

DARRYL LEE DAVIS
v.
STATE OF TENNESSEE

         Assigned on Briefs May 2, 2017

         Appeal from the Circuit Court for Lake County Nos. 91-955, 91-17, 91-246 R. Lee Moore, Jr., Judge

         Darryl Lee Davis, the Petitioner, filed a Petition for Writ of Habeas Corpus claiming that his twenty-five year sentence had expired and that he was being illegally restrained of his liberty. The habeas corpus court found that the Petitioner's sentence had not expired and summarily dismissed the Petition. We affirm the judgment of the habeas corpus court.

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

          Darryl Lee Davis, Tiptonville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; G. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which Alan E. Glenn and J. Ross Dyer, JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE

         Procedural History

         On September 29, 1992, the Petitioner pleaded guilty to the following offenses: in case number 91-955 to two counts of aggravated rape, two counts of especially aggravated kidnapping, and one count each of aggravated burglary and possession of a firearm during the commission of a dangerous felony; in case number 91-17 to aggravated assault; and in case number 91-246 to driving under the influence, third offense. Pursuant to a plea agreement, the Petitioner received an effective sentence of twenty-five years. The judgments of conviction specifically provide that the twenty-five year sentence for each of the two aggravated rapes and the twenty-five year sentence for each of the two especially aggravated kidnappings were to be served consecutively to the Petitioner's ten-year sentence in federal court case number 91-10046. The judgment for count 2 of case number 91-955, one of the aggravated rape convictions, provides in the "Special Conditions" section: "If additional time is received in federal case # 91-10046 in excess of the already imposed [ten-]year sentence, then this [twenty-five]-year sentence will begin to run concurrent with such jail time in excess of the [ten] years."

         On September 21, 2016, the Petitioner filed a Petition for Writ of Habeas Corpus ("the Petition"), in which the Petitioner made numerous factual claims, including that:

(1) "after two years of service in the [Tennessee Department of Correction (TDOC)] the federal authorities 'borrowed' him via, habeas corpus ad prosequendum, in order to dispose of his pending federal cases[;]"
(2) he incurred the new federal charges in federal case number 93-10053 while he was incarcerated in state prison;
(3) he was sentenced in federal court to 151 months in case number 93-10053 for attempted murder with intent to prevent testimony of a witness to be served consecutively to ...

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