Court of Criminal Appeals of Tennessee, Nashville
DONNELL V. BOOKER
STATE OF TENNESSEE
Assigned on Briefs June 20, 2017
from the Criminal Court for Davidson County No. 96-A-493
Cheryl A. Blackburn, Judge.
Donnell V. Booker, appeals the denial of his second petition
for habeas corpus relief in which he argues that his guilty
plea to an "out of range" sentence was illegal.
Because Petitioner's claim has been previously determined
and he fails to state a cognizable claim, we affirm the
judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Donnell V. Booker, Hartsville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Glenn R. Funk,
District Attorney General; and Megan King, Assistant District
Attorney General, for the appellee, State of Tennessee.
Timothy L. Easter, J., delivered the opinion of the court, in
which Alan E. Glenn and Robert H. Montgomery, Jr., JJ.,
TIMOTHY L. EASTER, JUDGE.
pled guilty to one count of aggravated robbery in February of
1997. In exchange for the guilty plea, the remaining charges
of especially aggravated kidnapping, aggravated burglary,
especially aggravated robbery, aggravated assault, and
reckless endangerment were dismissed. As part of the plea,
Petitioner agreed to be sentenced "out of range to 15
years at 35%." The judgment form's special
conditions box included the following notation:
"defendant waives range."
November of 2004, Petitioner sought habeas corpus relief on
the basis that the trial court imposed a sentence beyond that
for which he was eligible and that he did not enter his
guilty plea knowingly and voluntarily. Petitioner also
alleged that the State failed to give notice that it would
seek enhanced punishment and that he received ineffective
assistance of counsel. The habeas corpus court dismissed the
petition, determining that the judgment was not void and that
the remaining claims were not proper grounds for habeas
corpus relief. This Court affirmed the dismissal of the
petition on appeal. See Donnell Booker v. Howard Carlton,
Warden, No. E2005-00231-CCA-R3-HC, 2005 WL 1812285, at
*1 (Tenn. Crim. App. Aug. 1, 2005), no perm. app.
January of 2017, Petitioner filed a second petition for
habeas corpus relief. In this petition he alleged that his
sentence was illegal because he did not knowingly and
voluntarily "waive jurisdiction as to range" when
he was sentenced and that the trial court did not have
jurisdiction to sentence him outside the range. The habeas
corpus court denied the petition on January 18, 2017, noting
that Petitioner raised an identical claim in the 2004
petition and failed to state a cognizable claim for relief.
Petitioner appeals the denial of habeas corpus relief.
appeal, Petitioner insists that the habeas corpus court
abused its discretion in ...