Assigned on Briefs Date: August 1, 2017
from the Circuit Court for Madison County No. 06-335 Donald
H. Allen, Judge
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.
R. App. 3 Appeal as of Right; Judgment of the Circuit Court
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.
W. Wedemeyer, J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Timothy L. Easter, JJ.
W. WEDEMEYER, JUDGE
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.
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
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.
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
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