from the Criminal Court for Shelby County No. 90-05606,
90-12109, 90-12110, 90-12111 Paula L. Skahan, Judge
Appellant, Alex Parrish, appeals from the trial court's
denial of his motion to correct an illegal sentence pursuant
to Tennessee Rule of Criminal Procedure 36.1. The State has
filed a motion requesting that this court affirm the trial
court's judgment pursuant to Rule 20 of the Rules of the
Court of Criminal Appeals. Following our review, we grant the
State's motion and affirm the judgment of the trial
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Court Affirmed Pursuant to Rule 20 of the Rules of the Court
of Criminal Appeals
Gulley, Memphis, Tennessee, for the appellant, Alex Parrish.
Herbert H. Slatery III, Attorney General and Reporter;
Benjamin Ball, Assistant Attorney General; Amy Weirich,
District Attorney General; and Pamela Stark, Assistant
District Attorney General, for the appellee, State of
E. Glenn, J., delivered the opinion of the court, in which
CAmille R. McMullen and J. Ross Dyer, JJ., joined.
E. GLENN, JUDGE.
August 23, 1990, the Appellant pled guilty to the sale of a
controlled substance and received a sentence of 7.2 years.
Later on December 4, 1990, the Appellant pled guilty to a
three count indictment of one count of robbery and two counts
of aggravated robbery. Under this December 4, 1990 plea, the
Appellant was sentenced to six (6) years for the offense of
robbery and eleven (11) years for each aggravated robbery
offense with all sentences to run concurrently with each
other. Even though the Appellant was out on bond for the
initial sale of a controlled substance charge when arrested
for the robbery and aggravated robbery charges, all four
sentences were ordered to be served concurrently with one
another giving the Appellant an effective sentence of eleven
(11) years from December 4, 1990.
11, 2014, the Appellant filed a pro se motion to correct
illegal sentence pursuant to Tennessee Rule of Criminal
Procedure 36.1. The basis for the motion of the Appellant was
the alleged illegality of the concurrent sentences received
for the aforementioned charges. The Appellant argues that the
concurrent sentences he received were illegal since he was
out on bond for the charge of the sale of a controlled
substance when he was arrested for the robbery and aggravated
robbery charges. As a result, the Appellant claims the
sentences for the two separate sets of indictments were
statutorily required to be served consecutively rather than
concurrently. See Tenn. Code Ann.
§40-20-111(b). He maintains that because the sentences
are concurrent rather than consecutive they are illegal and
therefore his guilty plea should be set aside.
receipt of the motion, the trial court appointed counsel to
represent the Appellant. On March 9, 2016, the trial court
entered an order denying the motion to correct illegal
sentence finding that the sentences had expired prior to the
filing of the motion. The Appellant timely appealed the
dismissal of his motion to this Court.
Rule of Criminal Procedure 36.1, in effect at the time of
filing, provides the following mechanism for seeking the
correction of an illegal sentence:
(a) Either the defendant or the state may, at any time, seek
the correction of an illegal sentence by filing a motion to
correct an illegal sentence in the trial court in which the
judgment of conviction was entered. For purposes of this
rule, an illegal sentence is one that is not authorized by
the applicable statutes or that directly contravenes an
(b) Notice of any motion filed pursuant to this rule shall be
promptly provided to the adverse party. If the motion states
a colorable claim that the sentence is illegal, and if the
defendant is indigent and is not already represented by
counsel, the trial court shall appoint counsel to represent
the defendant. The adverse party shall have thirty days
within which to file a written response to the motion, after
which the court shall hold a hearing on the motion, unless
all parties waive the hearing.
(c)(1) If the court determines that the sentence is not an
illegal sentence, the court shall file an order ...