Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Booker v. State

Court of Criminal Appeals of Tennessee, Nashville

August 29, 2017

DONNELL V. BOOKER
v.
STATE OF TENNESSEE

          Assigned on Briefs June 27, 2017 at Knoxville

         Appeal from the Circuit Court for Trousdale County No. 2017-CV-4592 John D. Wootten, Jr., Judge

         The Petitioner, Donnell V. Booker, appeals as of right from the Trousdale County Circuit Court's summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that his eight-year sentence for Class B felony cocaine possession is illegal because it should have run consecutively to his prior sentences, rather than concurrently, as was agreed to in his plea agreement. Following our review, we affirm the trial court's summary dismissal of the petition but do so on a different ground-the Petitioner has failed to show by a preponderance of the evidence that his sentence is illegal. See Mike Settle v. Ricky Bell, Warden, No. M2007-02743-COA-R3-CV, 2008 WL 4725599, at *1 (Tenn. Crim. App. Oct. 28, 2008) (affirming using similar procedure).

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

          Donnell V. Booker, Hartsville, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter, and Alexander C. Vey, Assistant Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Camille R. McMullen and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL BACKGROUND

         On July 6, 2007, the Petitioner pled guilty in the Johnson County Criminal Court to possession of 43.7 grams of cocaine with the intent to sell, a Class B felony. See Tenn. Code Ann. § 39-17-417. The offense date was noted on the judgment form as April 12, 2005. Apparently, in accordance with a plea agreement, [1] the Petitioner was sentenced to eight years' incarceration as a Range I, standard offender, and this sentence was to be served concurrently with any "prior sentence(s)."

         The Petitioner filed a petition for writ of habeas corpus on January 18, 2017. Therein, he made the following allegation for habeas corpus relief: "The present sentence is illegal because this . . . sentence should have been consecutive to the prior unserved Tennessee sentence(s), which is case no. 96-A-493 and no. 2003-D-2866. Johnson County sentence should be consecutive to Davidson County sentences."

         Thereafter, the trial court filed an order denying the petition. In so holding, the trial court reasoned as follows:

         After review of the scanty record, this [c]ourt finds that the [P]etitioner was the beneficiary of a concurrent sentence. T[enn]. C[ode] A[nn]. [section] 29-21-101 specifically provides in sub-paragraph (b)(1):

Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.