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State v. Morris

Court of Criminal Appeals of Tennessee, Jackson

August 31, 2017

STATE OF TENNESSEE
v.
CARLOS RICHARD MORRIS

          Assigned on Briefs Date: August 1, 2017

         Appeal from the Circuit Court for Madison County No. 06-335 Donald H. Allen, Judge

         The Defendant, Carlos Richard Morris, pleaded guilty to two counts of possession of .5 grams or more of cocaine with the intent to sell, one count of possession of one-half ounce or more of marijuana, one count of possession of drug paraphernalia, and one count of failing to obey a stop sign. The trial court merged the two possession with intent to sell convictions, and it sentenced the Defendant to an effective sentence of eight years. It ordered that the Defendant's eight-year sentence from Madison County run concurrently with any remaining sentences from two previous Henderson County possession with intent to sell cocaine convictions. The Defendant filed a Tennessee Rule of Criminal Procedure 36.1 motion to correct his allegedly illegal sentence, which the trial court summarily dismissed. On appeal, we affirm the trial court's judgment.

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

          Carlos Richard Morris, Madison, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Jody S. Pinkens, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Timothy L. Easter, JJ. joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         This case arises from drug offenses committed by the Defendant. From what we glean from the record, it appears that the Defendant's main complaint is that his sentence is illegal because the trial court improperly sentenced him to concurrent sentencing rather than consecutive sentences.

         The Defendant filed a Rule 36.1 motion in support of his contention. While it is unclear whether he attached the necessary documentation to that motion or whether he submitted it to the trial court, attached to his brief are his judgments of conviction. On February 24, 2000, in Henderson County, the Defendant pleaded guilty and was convicted of possession of cocaine with the intent to sell, an offense occurring on February 25, 1998. At the same time, and as part of his plea agreement, he pleaded guilty to possession of cocaine with the intent to sell, an offense occurring on June 10, 1999. The Henderson County trial court sentenced him as a Range I offender to serve concurrent eight-year sentences through Community Corrections for each offense.

         On October 25, 2006, in Madison County, the Defendant pleaded guilty to four offenses: two counts of possession of .5 grams or more of cocaine with the intent to sell; possession of marijuana; possession of drug paraphernalia; and failure to obey a stop sign. The Madison County trial court sentenced the Defendant as a Range I, standard offender, to an effective sentence of eight years. The judgment form indicated that the Defendant agreed that his Henderson County probation was revoked. The judgment form also indicated that the Madison County trial court ordered that the Madison County sentence be served concurrently with the remaining effective sentence from Henderson County.

         On August 3, 2015, the Henderson County trial court issued a probation violation order for both of the Defendant's Henderson County Community Corrections sentences. On the same date, the Madison County trial court issued an order revoking the Defendant's probation for his Madison County offenses upon the same basis. The Madison County trial court remanded the Defendant into Tennessee Department of Correction custody.

         On March 21, 2016, the Defendant filed this Rule 36.1 motion alleging that his sentence was illegal. In his motion, he alleged that he was on bail for one of the Henderson County offenses when he committed the other Henderson County offense, so the sentence was illegal in that the sentences were ordered to run concurrently rather than consecutively. He further alleged that the trial court illegally ordered his Madison County sentence to run concurrently with the ...


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