Assigned on Briefs July 25, 2017
from the Circuit Court for Hardeman County No. 6139 J. Weber
se defendant, Michael Smith, appeals the summary denial of
his motion to correct clerical errors on the face of an order
suspending a forty-month sentence for a felony escape
conviction. The defendant argues the trial court actually
resentenced him to one year, time served, and the order did
not accurately reflect this ruling. The defendant further
argues the trial court should have entered an amended
judgment reflecting the resentencing. On review, we conclude
the record is insufficient to support the defendant's
arguments and affirm the trial court's denial of the
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Michael W. Smith, Whiteville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Caitlyn Smith, Assistant Attorney General; Mike Dunavant,
District Attorney General, for the appellee, State of
Ross Dyer, J., delivered the opinion of the court, in which
Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.
ROSS DYER, JUDGE
and Procedural History
unclear from the record presented by the defendant, this
Court previously summarized the pertinent underlying facts
and procedural history in a variety of opinions. Those
opinions and our review of the present record indicate that
on March 13, 1997, the defendant pled guilty to two counts of
rape, two counts of aggravated burglary, and five misdemeanor
offenses, receiving concurrent sentences of ten years for
each rape conviction, six years for each aggravated burglary
conviction, and eleven months, twenty-nine days for each
misdemeanor conviction. Michael Wade Smith v. State,
No. W1999-01817-CCA-R3-PC, 2000 WL 1664262, at *1 (Tenn.
Crim. App. Oct. 23, 2000). In a subsequent petition for
post-conviction relief, the defendant alleged he unknowingly
and involuntarily entered into the guilty pleas after
receiving ineffective assistance of counsel. Id. The
post-conviction court denied the petition. Id.
review, this Court found other grounds for setting aside the
defendant's guilty pleas. Id. Because the second
rape and aggravated burglary offenses were committed while
the defendant was out on bond for the initial charges, the
guilty plea agreement violated Tennessee Code Annotated
section 40-20-111(b), requiring the sentence for a felony
committed while on bail to be served consecutive to the
sentence for the initial felony charge. Id. This
Court concluded, "[s]ince the [defendant] entered his
pleas of guilty with the belief that all sentences would be
served concurrently, we do not know whether he would have
done so had he known the requirement regarding consecutive
sentencing." Id. at *3. We, therefore, remanded
the matter to the trial court with instructions it allow the
petitioner to withdraw his guilty plea. Id.
26, 1997, after pleading guilty to the rape and aggravated
burglary charges but prior to this Court's remand of his
guilty pleas to the trial court, the defendant escaped from
prison in Hardeman County and was found nearby several hours
later. State v. Michael W. Smith, No.
W1999-02413-CCA-R3-PC (Tenn. Crim. App. Oct. 11, 2000). The
defendant then pled guilty to felony escape on May 8, 1998.
Id. Due to his criminal record, the defendant was
sentenced as a Range II multiple offender and received a
sentence of forty months. Id. Following a hearing on
October 5, 2001, the trial court entered an order on December
3, 2001, suspending the remainder of the defendant's
sentence for felony escape. The language used in this order
appears to be the basis for the defendant's current
the remand of his aggravated burglary and rape convictions,
on April 29, 2003, the defendant pled guilty to one count of
rape and one count of attempted rape with consecutive
sentences of eight years at 100% for the rape conviction and
three years at 30% for the attempted rape conviction.
Michael W. Smith v. State, No.
W2005-00246-CCA-R3-PC, 2005 WL 3447679, at *1 (Tenn. Crim.
App. Dec. 14, 2005) perm. app. denied (Tenn. Apr.
24, 2006). The remaining charges were dismissed. Id.
On May 12, 2004, the defendant filed a petition for
post-conviction relief alleging his second guilty plea to
rape and attempted rape was unknowingly and involuntarily
entered. Id. The post-conviction court denied this
motion, and this Court affirmed the denial. Id. at
December 6, 2006, the defendant was arrested for violation of
probation in the felony escape matter. The defendant filed a
petition for habeas corpus alleging "'the petitioner
is not and has never been on probation as to this cause,
' and that 'the petitioner received time served from
the Honorable [Jon] Kerry Blackwood, Judge, in open court in
October 2001 per D.A. Office's request.'"
Michael W. Smith v. Delphus Hicks, Sheriff, No.
W2007-00320-CCA-R3-HC, 2007 WL 4146227, *1 (Tenn. Crim. App.
Nov. 21, 2007). The defendant did not include copies of the
judgments of conviction that caused his illegal detention,
and, therefore, failed to comply with the ...