FLOYD E. RAYNER, III
TENNESSEE DEPARTMENT OF CORRECTION, ET AL.
Assigned on Briefs June 1, 2017
from the Chancery Court for Davidson County No. 16-508-IV
Russell T. Perkins, Chancellor
an inmate in the custody of Appellee Tennessee Department of
Correction, appeals the trial court's dismissal of his
petition for declaratory judgment under the Uniform
Administrative Procedures Act. Specifically, Appellant
challenges the Tennessee Department of Correction's
calculation of his criminal sentence, and also challenges the
constitutionality of the criminal statutes, under which he
was convicted. We conclude that the calculation of
Appellant's sentence comports with the judgments of the
criminal court. Appellant's constitutional arguments
challenge his criminal sentence. As such, he has no recourse
under the Uniform Administrative Procedures Act. Affirmed and
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
Earl Rayner, III, Mountain City, Tennessee, pro se.
Herbert H. Slatery, III, Attorney General and Reporter,
Andrée Blumstein, Solicitor General, and Pamela S.
Lorch, Senior Counsel, for the appellees, Tennessee
Department of Correction and State Attorney General.
Armstrong, J., delivered the opinion of the court, in which
Charles D. Susano, Jr. and W. Neal McBrayer, JJ., joined.
Earl Rayner, III ("Appellant") is an inmate in the
custody of the Tennessee Department of Correction
("TDOC"). As set out in State of Tennessee v.
Floyd Earl Rayner, III, No. M2001-00971-CCA-R3-CD, 2002
WL 1336654 (Tenn. Crim. App. June 19, 2002), perm. app.
denied (Tenn. Dec. 9, 2002), Mr. Rayner was indicted on
five counts of rape of a child and five counts of aggravated
sexual battery of a child less than thirteen years of age.
Id. at *1. In each count, the victim was
Appellant's daughter. Id. Following trial, the
jury convicted Appellant on each count, and the trial court
imposed a 21-year sentence in each of the rape-of-a-child
convictions and a nine-year sentence in each of the
aggravated-sexual-battery convictions. Id. Two of
the rape-of-a-child sentences and one of the
aggravated-sexual-battery sentences were imposed to run
consecutively, and all other sentences were to run
concurrently, yielding an effective sentence of 51 years.
Id. The sentencing court granted Appellant pretrial
jail credit of 317 days, from April 10, 2000 to the sentence
imposition date of February 21, 2001. Mr. Rayner's
sentence is further explained by Candace Whisman, The TDOC
Director of Sentence Management Services, in her affidavit,
which was filed on September 16, 2016. In relevant part, Ms.
9. The sentences received in count[s] one through five are
for the offense of Rape of a Child and are to be served at
100% with no sentence reduction in accordance with Tenn. Code
Ann. § 39-13-523(b), (c), and (d), and Tenn. Code Ann.
§ 40-35-501(i)(3). The sentences received in counts six
through ten are for the offense of Aggravated Sexual Battery
and are to be served at 100% for a violent offense and can be
reduced by up to 15% with sentence reduction credits earned
in accordance with Tenn. Code Ann. § 40-35-501(i)(1).
10. Mr. Rayner's overall sentence calculation of 51 years
is based on the sentences received in counts one, two and
six. The sentence effective date (sentence imposed date of
February 21, 2001 minus pretrial jail credit) is April 10,
2001, and current expiration date is April 10, 2051. He will
not be eligible to begin reducing the nine year sentence in
count six until the first 42 years is served day for day.
Calculation of the sentence expiration for the overall
sentence of 51 years is listed below.
Sentence imposed date 1000A589 ct. 1 ...