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State v. Davis

Court of Criminal Appeals of Tennessee, Nashville

April 27, 2018

STATE OF TENNESSEE
v.
JONATHAN DAVIS

          Assigned on Briefs December 13, 2017

          Appeal from the Circuit Court for Maury County No. 8455 Robert L. Jones, Judge

         The Appellant, Jonathan Davis, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Maury County Circuit Court summarily denied the motion. On appeal, the Appellant contends that his sentences for his first degree felony murder convictions are illegal because the trial court ordered consecutive sentencing after the judgments of conviction became final and that the sentences for all of his convictions are illegal because the trial court failed to award pretrial jail credits. Based upon the record and the parties' briefs, we affirm the Maury County Circuit Court's denial of the motion.

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

          Jonathan Davis, Pro Se, Mountain City, Tennessee.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; and Brent A. Cooper, District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which Camille R. McMullen and Timothy L. Easter, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         On March 28, 1994, the Appellant, who was a juvenile, and his codefendant decided to rob Lamont Orr. State v. William Edward Watkins and Jonathan Davis, No. 01C01-9701-CC-00004, 1997 WL 766462, at *1 (Tenn. Crim. App. at Nashville, Dec.12, 1997). They went to Orr's trailer, where Orr lived with his girlfriend.[1] Id. Orr left with the Appellant and his codefendant because they told Orr that they were going to participate in a cocaine transaction. Id. Orr drove to the parking lot of Brown's School, and the Appellant, without any provocation, shot Orr in the head. Id. The Appellant and his codefendant then returned to the trailer and shot Orr's girlfriend because she had seen Orr leave with them. Id. at *2. Crack cocaine was missing from Orr's person, and money was missing from his girlfriend's person. Id. The police subsequently arrested the Appellant and his codefendant, and they confessed to the crimes. Id. The Appellant was transferred from juvenile to adult court and tried with his codefendant for count one, attempted aggravated robbery, and counts two and three, first degree felony murder. Id. at *1, 5.

         On August 25, 1995, a jury convicted the defendants as charged, and the trial court immediately sentenced them to life for each murder conviction and entered judgment forms for counts two and three. In the "Special Conditions" box on the forms, it was noted that the matter of consecutive sentencing was being reserved for those counts until the sentencing hearing for count one. The judge signed the forms and filled in "08/25/95" for the "Date of Entry of Judgment." However, the circuit court clerk did not file-stamp the judgments. On October 30, 1995, the trial court sentenced the Appellant to three years for the attempted aggravated robbery conviction and ordered that all of the sentences be served consecutively. The trial court entered a judgment of conviction for the attempted aggravated robbery and two additional judgments for the felony murder convictions. Copies of all three judgments are in the technical record and reflect that the sentences were to be served consecutively. The judge signed the judgments and filled in "08/25/95" for their "Date of Entry of Judgment." The judgments bear "October 30, 1995" as the circuit court's clerk's file-stamped date.

         On direct appeal of the Appellant's convictions, this court affirmed the convictions and sentences. Id. at *1. This court also affirmed the denial of post-conviction and habeas corpus relief. Jonathan Davis v. Morrow, No. E2010-00396-CCA-R3-HC, 2010 WL 2812647 (Tenn. Crim. App. at Nashville, July 19, 2010); Jonathan Davis v. State, No. M2000-01158-CCA-R3-PC, 2001 WL 922209 (Tenn. Crim. App. at Nashville, Aug. 16, 2001).

         On May 3, 2017, the Appellant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Relevant to this appeal, he argued that the judgments for his two, first degree felony murder convictions became final thirty days after the trial court entered them on August 25, 1995. Thus, the trial court lost jurisdiction to order consecutive sentencing on October 30, 1995, and the sentences were illegal. The trial court denied the motion, and the Appellant appeals the denial.

         II. ...


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