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State v. Garrett

Court of Criminal Appeals of Tennessee, Jackson

May 23, 2019

STATE OF TENNESSEE
v.
JEREMY GARRETT

          Assigned on Briefs April 23, 2019 at Knoxville

          Appeal from the Criminal Court for Shelby County No. 04-05871, 04-07755 Glenn Ivy Wright, Judge

         In 2007, a Shelby County jury found the Defendant, Jeremy Garrett, guilty of aggravated robbery, felony murder, and especially aggravated robbery. In 2018, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence. The trial court summarily denied Rule 36.1 relief. On review, having determined that the Defendant has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

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

          Jeremy Garrett, Wartburg, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Johnathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Lora Fowler, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts and Procedural History

         This case arises out of the conduct charged in two separate indictments. The Defendant was indicted for the aggravated robbery of Mexwayne Williams committed on March 28, 2004, and indicted several months later for the first degree felony murder and the especially aggravated robbery of Dexter Birge committed on March 29, 2004. A Shelby County jury found the Defendant guilty of the offenses, and the trial court sentenced him to concurrent sentences of eight years for the aggravated robbery conviction; fifteen years for the especially aggravated robbery conviction; and life imprisonment for the murder conviction.

         The Defendant subsequently filed a direct appeal challenging the consolidation of the cases and, thereafter, a post-conviction petition, claiming ineffective assistance of counsel. On March 12, 2018, the Defendant filed the Rule 36.1 motion to correct an illegal sentence that is the subject of this appeal. In it, he alleged the State had encouraged prison officials to place him in punitive segregation and tricked him into signing some unspecified "plea"; claimed he was denied "adequate psychiatric treatment"; and alleged prison officials denied him access to legal services and phone calls with his mother. The Defendant also requested a hearing and the appointment of counsel. On May 17, 2018, the trial court summarily denied relief. In its order, the trial court referenced an earlier Rule 36.1 motion that was dismissed on October 13, 2017, before concluding that the Defendant failed to state a colorable claim. It is from this judgment that the Defendant now appeals.

         II. Analysis

         On appeal, the Defendant asserts that the trial court erred when it summarily dismissed his motion. In his brief, the Defendant refers to an earlier filed Rule 36.1 motion. It appears it may be the same motion referenced by the trial court in its May 17, 2018 order dismissing the motion. Nonetheless, the Defendant did not timely appeal the dismissal of the prior ...


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