ASSIGNED ON BRIEFS FEBRUARY 7, 2017
from the Criminal Court for Shelby County No. 16-03011 J.
Robert Carter, Jr., Judge
Michael Harris, appeals from an order of the trial court
denying his petition to suspend the remainder of his
sentence. Following our review of the record, we conclude
that the trial court did not err by denying the petition. We
affirm the order of the trial court in accordance with Rule
20 of the Rules of the Court of Criminal Appeals of
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Michael Harris, Memphis, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Senior Counsel; Amy P. Weirich, District Attorney
General; and Eric Christenson, Assistant District Attorney
General, for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which Camille R. McMullen, and J. Ross Dyer, JJ., joined.
T. WOODALL, PRESIDING JUDGE
27, 2016, Defendant entered a plea of guilty to one count of
possession with intent to sell 15 grams or more of heroin, a
Class B felony. He also received an agreed eight-year
sentence as a Range I offender to be served in the Shelby
County Correctional Complex. On July 26, 2016, Defendant
filed a petition to suspend the remainder of his sentence. In
his petition, Defendant argued that he "appears to be
precisely the type of offender the legislature intended to be
sentenced pursuant to the alternative sentencing clause
contained in the Tennessee Criminal Sentencing Reform Act of
1989." He also argues that his eight-year sentence
exceeds "the [p]enalties mandated by statute even if the
sentences were what the defendant bargained for in his plea
negotiations." On August 3, 2016, the trial court
entered an order denying the petition.
of the Tennessee Rules of Criminal Procedure provides as
(a) Timing of Motion. The trial court may reduce a sentence
upon motion filed within 120 days after the date the sentence
is imposed or probation is revoked. No extensions shall be
allowed on the time limitation. No other actions toll the
running of this time limitation.
(b) Limits of Sentence Modification. The court may reduce a
sentence only to one the court could have originally imposed.
(c) Hearing Unnecessary. The trial court may deny a motion
for reduction of sentence under this ...