Assigned on Briefs December 5, 2017
from the Circuit Court for Hardeman County No. CC-17-CR-103
Joe H. Walker, III, Judge
se Petitioner, Jermaine Rashad Carpenter, appeals the summary
dismissal of his petition for writ of habeas corpus.
Following our review, we affirm the dismissal of the
R. App. 3 Appeal as of Right; Judgment of the Circuit Court
Jermaine Rashad Carpenter, Whiteville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General, for the appellee,
State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and J. Ross Dyer, JJ., joined.
E. GLENN, JUDGE
and PROCEDURAL HISTORY
2004, a Sullivan County jury convicted the Petitioner in case
number S47, 268 of possession of cocaine with intent to sell,
possession with intent to sell or deliver a Schedule III
controlled substance, driving with his license suspended, and
driving a motor vehicle without operational brake lights.
See State v. Jermaine Rashad Carpenter, No.
E2006-00775-CCA-R3-CD, 2007 WL 596425, at *1 (Tenn. Crim.
App. Feb. 27, 2007); see also State v. Jermaine
Carpenter, No. E2016-00450-CCA-R3-CD, 2016 WL 5416350,
at *1 (Tenn. Crim. App. Sept. 28, 2016). The Petitioner pled
guilty to other drug-related offenses in other pending cases
and was sentenced by the trial court for all the cases to an
effective term of seventeen years in community corrections
followed by four years of probation. The trial court later
revoked the community corrections placement and ordered that
the Petitioner serve his twenty-one-year sentence in
confinement. Jermaine Carpenter, 2016 WL 5416350 at
2014, the Petitioner was convicted by a Sullivan County jury
in case number S51, 080 with two counts of the sale and
delivery of more than .5 grams of cocaine within 1000 feet of
a school zone, a Class A felony, and simple possession of
cocaine, a Class A misdemeanor, and was sentenced to an
effective term of twenty-five years in the Department of
Correction, to be served consecutively to his twenty-one-year
effective sentence in the previous cases. His convictions and
sentences were affirmed by this court on direct appeal, and
our supreme court denied his application for permission to
appeal. See State v. Jermaine Rashad Carpenter, No.
E2007-02498-CCA-R3-CD, 2009 WL 331330, at *1 (Tenn. Crim.
App. Feb. 11, 2009), perm. app. denied (Tenn. Aug.
and 2016, the Petitioner filed a Tennessee Rule of Criminal
Procedure 36.1 motion and an amended motion in which he
alleged, among other things: that the one hundred percent
sentencing required by the Drug-Free School Zone Act
contravenes Tennessee Code Annotated section 40-35-501, which
enumerates the offenses for which there is no release
eligibility; that the Drug-Free School Zone Act is
unconstitutional; and that possession with intent to sell
cocaine in a drug-free school zone is "'not an
actual charge[.]'" Jermaine Carpenter, 2016
WL 5416350, at *2. The trial court summarily dismissed the
motions for failure to state cognizable claims for Rule 36.1
relief, and the Petitioner appealed to this court. On appeal,
he added as additional arguments that there was a fatal
variance between the indictments and the proof and that the
grand jury lacked the authority to charge him with a
violation of the Drug-Free School Zone Act. Id. This
court affirmed the judgment of the trial court, writing:
The sentences imposed in both challenged cases were
authorized by the Code at the time of the [Petitioner's]
convictions. Challenges to the constitutionality and
interpretation of sentencing statutes are not cognizable
claims for relief under Rule 36.1. Similarly, challenges to
the power of the grand jury and claims of variance ...