Assigned on Briefs February 6, 2018
from the Circuit Court for Lauderdale County No. 6993 Joe H.
Walker, III, Judge
1994, the Petitioner, Misty Roberts, pled guilty to four
counts of aggravated rape and one count of aggravated
kidnapping, and she received an effective sentence of
thirty-three years. On August 23, 2017, the Petitioner filed
a petition for the writ of habeas corpus, alleging that she
remained in custody despite the expiration of her sentences
and citing alleged errors in the calculation of her release
eligibility and the award of pretrial behavior credits. The
trial court dismissed the petition, concluding that the
sentences were not expired. On appeal, we conclude that the
trial court correctly determined that the Petitioner's
sentences were not expired, and we accordingly affirm the
trial court's denial of relief.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Roberts, Henning, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter; and
David H. Findley, Senior Counsel, for the appellee, State of
Everett Williams, J., delivered the opinion of the court, in
which Camille R. McMullen and J. Ross Dyer, JJ., joined.
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
October 3, 1994, the Petitioner pled guilty to four counts of
aggravated rape and one count of aggravated kidnapping.
See Misty Laverne Roberts v. Donal Campbell,
Comm'r, No. 03C01-9803-CC-00124, 1999 WL 281084, at
*1 (Tenn. Crim. App. Apr. 30, 1999). According to the
judgment forms attached to her petition,  the Petitioner
was sentenced to twenty-five years in prison for each
aggravated rape conviction, all to be served concurrently.
She was sentenced to serve eight years for the aggravated
kidnapping conviction, and the aggravated kidnapping
conviction was to be served consecutively to the first count
of aggravated rape, for an aggregate sentence of thirty-three
years. See id. (noting that the Petitioner's
aggregate sentence was thirty-three years). The judgment
forms indicate that each sentence had a thirty percent
release eligibility date.
five years after the plea, the Petitioner sought to hold the
Tennessee Department of Correction ("TDOC") in
contempt for "incorrectly calculating her sentence and
failing to correct the error once notified of it."
Id. This petition was dismissed on the basis that
the trial court had no authority over the application of
sentencing credits. Id.
August 4, 2017, the Petitioner filed a petition for the writ
of habeas corpus, asserting that her sentences for aggravated
rape in Counts 2-4 had expired and that she was denied
pretrial behavior credits to which she should have been
entitled. She alleged that a Tennessee Offender Management
Information System ("TOMIS") report from the TDOC
reflected that Count 1 had already expired but that Counts
2-4 incorrectly reflected that they must be served at one
hundred percent with no release eligibility. She did not,
however, attach any judgment forms, and the August 4, 2017,
petition was denied on this basis.
Petitioner then filed a second petition seeking habeas corpus
relief on August 23, 2017. In her second petition, the
Petitioner did not include information regarding the
aggravated kidnapping conviction which was part of the plea
agreement, instead noting that she was sentenced to serve an
effective sentence of twenty-five years for four counts of
aggravated rape. The Petitioner again alleged that her
sentences incorrectly reflected a release eligibility of one
hundred percent, rather than thirty percent, and that she was
not awarded pretrial behavior credits. On September 12, 2017,
the trial court entered an order denying relief on the basis
that failure to grant parole is not a cognizable ground for
habeas corpus relief and that any allegations regarding the
improper calculation of sentencing ...