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State v. Harris

Court of Criminal Appeals of Tennessee, Jackson

August 15, 2017

STATE OF TENNESSEE
v.
MICHAEL HARRIS

          ASSIGNED ON BRIEFS FEBRUARY 7, 2017

         Appeal from the Criminal Court for Shelby County No. 16-03011 J. Robert Carter, Jr., Judge

         Defendant, 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 Tennessee.

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

          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.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Camille R. McMullen, and J. Ross Dyer, JJ., joined.

          MEMORANDUM OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         On June 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.

         ANALYSIS

         Rule 35 of the Tennessee Rules of Criminal Procedure provides as follows:

(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 ...

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