Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs March 28, 2018
from the Circuit Court for Giles County No. 12478, 10519,
12790, 13020 Russell Parkes, Judge
Defendant, William Lewis Reynolds, appeals the trial
court's denial of his motion to correct an illegal
sentence pursuant to Tennessee Rule of Criminal Procedure
36.1 in which he challenged his guilty-pled conviction for
the sale of cocaine and resulting sentence of twelve years as
a Range III, persistent offender, at 60%. Upon reviewing the
record and the applicable law, we affirm the judgment of the
trial court. However, we remand the judgment to the trial
court for entry of a corrected judgment reflecting the
convicted offense of sale of less than .5 grams of cocaine.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed; Remanded
William Lewis Reynolds, Clifton, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Brent A.
Cooper, District Attorney General; and Jonathan Davis,
Assistant District Attorney General, for the appellee, State
Everett Williams, J., delivered the opinion of the court, in
which Robert L. Holloway, Jr., and J. Ross Dyer, JJ., joined.
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL BACKGROUND
September 10, 2014, the Defendant was indicted for the sale
of less than .5 grams of cocaine in a school zone, a Class B
felony. See T.C.A. §§ 39-17-417(c)(2)(A),
39-17-432(b)(1). On November 3, 2015, the Defendant entered
into a negotiated plea agreement whereby he agreed to plead
guilty to the sale of less than .5 grams of cocaine, a Class
C felony, and to serve a sentence of twelve years as a Range
III offender at 60%. Pursuant to the plea agreement, the
Defendant's twelve-year sentence was to run consecutively
to his twelve-year sentence for another drug conviction.
See T.C.A. § 39-17-417(c)(2)(A).
judgment reflects that the Defendant's indicted offense
as the sale of less than .5 grams of cocaine as a Class B
felony and his convicted offense as the sale of .5 grams or
more of cocaine as a Class B felony. The judgment sets forth
the Defendant's sentence and provides under the Special
Conditions section that "[t]he defendant is agreeing to
plea outside the range. It is a total sentence of 12 years to
be served as range III with 60% eligibility." A knowing
and voluntary plea waives any irregularity as to offender
classification or release eligibility. Hicks v.
State, 945 S.W.2d 706 (Tenn. 2000)."
after entering the plea, the Defendant filed a motion to
correct an illegal sentence pursuant to Tennessee Rule of
Criminal Procedure 36.1. While the appellate record does not
include the Defendant's motion, it does include the trial
court's order entered on February 9, 2016, denying the
motion. The trial court found that the judgment was correct
and consistent with the plea agreement. While the trial court
acknowledged that the back of the indictment included a
clerical error erroneously listing the indicted offense as a
Class C felony rather than a Class B felony, the trial court
found that the body of the indictment correctly described the
charge as a Class B felony since the offense occurred in a
school zone and that the Defendant's guilty plea and the
judgment cured any clerical error in the indictment. The
Defendant did not appeal the trial court's denial of his
Defendant also filed a petition for writ of error coram nobis
in which he maintained that his sentence was imposed in
direct contravention to Tennessee Code Annotated section
39-17-417(a)(3) and (c)(2)(A). The habeas corpus court
dismissed the petition, and this court affirmed the dismissal
on appeal. See William Reynolds v. Cherry Lindamood,
Warden, No. M2016-01312-CCA-R3-HC, 2016 WL 6581927, at
*3 (Tenn. Crim. App. Nov. 7, 2016).
23, 2017, the Defendant filed a second Rule 36.1 motion to
correct an illegal sentence in which he asserted that his
guilty plea was not knowingly and voluntarily entered because
he pleaded guilty to a greater amount of cocaine than what
was initially charged. The Defendant also alleged that the
sale of cocaine ...