Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs December 13, 2017
from the Circuit Court for Maury County No. 8455 Robert L.
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
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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.
McGee Ogle, J., delivered the opinion of the court, in which
Camille R. McMullen and Timothy L. Easter, JJ., joined.
MCGEE OGLE, JUDGE
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. 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.
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
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).
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.