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Walls v. Perry

Court of Criminal Appeals of Tennessee, Jackson

January 17, 2018

CHRISTOPHER ALAN WALLS
v.
GRADY PERRY, WARDEN

          Assigned on Briefs November 7, 2017

         Appeal from the Circuit Court for Hardeman County No. 17-CR-29 Joe H. Walker, III, Judge

         Christopher Alan Walls, the Petitioner, filed a pro se Petition for Writ of Habeas Corpus, stating as his ground for relief that he was "presently restrained of his liberty by virtue of an illegal, void, and/or expired criminal conviction/sentence[.]" The Petitioner claimed that he was entitled to receive the pretrial jail credit for the time he was incarcerated in Loudon County after a hold was placed on him by the Jefferson County Sheriff's Department on October 25, 2010. Therefore his sentence, after applying sentence reduction credits, expired on or about December 29, 2016. The habeas corpus court found that "the petition demonstrates no right to relief" and summarily dismissed the petition. We affirm the dismissal of the petition but remand the cause to the habeas corpus court for transfer to the Circuit Court for Jefferson County for correction of the judgments to provide the pretrial jail credit to which the Petitioner is entitled.

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

          Christopher Alan Walls, Whiteville, Tennessee, pro se.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; and Mark E. Davidson, District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE.

         Procedural Background

         In July 2010, the Petitioner was involved in a crime spree across four East Tennessee counties. On October 25, 2010, while the Petitioner was incarcerated in Loudon County, the Jefferson County Sheriff's Department (JCSD) placed a hold on the Petitioner, stating that there was an outstanding capias for the Petitioner and asking that JCSD be notified "when [the Loudon County] charges have been fully satisfied so that transportation might be arranged[.]"

         On July 7, 2011, the Petitioner pleaded guilty in Loudon County Criminal Court to theft of property valued at $10, 000 or more but less than $60, 000 and was sentenced to three years' incarceration. The judgment shows an offense date of July 6, 2010, and credit for "all jail time."

         On October 6, 2011, the Petitioner pleaded guilty in Anderson County Criminal Court and was sentenced to three years to serve. The sentence was ordered to be served concurrently with the sentence from Loudon County and unspecified sentences out of Knox County and Jefferson County. The judgment shows an offense date of July 24, 2010, and provides credit for time served from July 7, 2011.

         The Petitioner was indicted in a nine-count indictment by the Jefferson County Grand Jury in Case Number 11462, and on December 3, 2013, he pleaded guilty to eight of the counts.[1] As a result of his guilty plea in Jefferson County, the Petitioner received an effective eight-year sentence to be served in the Department of Correction as a standard offender to run consecutively to "any parole sentence violation."

         On January 18, 2017, while housed in the Hardeman County Correctional Facility, the Petitioner filed a Petition for Writ of Habeas Corpus in the Circuit Court of Hardeman County, claiming that he "is presently restrained of his liberty by virtue of an illegal, void, and/or expired criminal conviction/sentence" in Jefferson County Case Number 11462. The Petitioner claimed that he was not "credited with any ...


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