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Leslie v. State

Court of Criminal Appeals of Tennessee, Nashville

August 14, 2019

ANTHONY LESLIE
v.
STATE OF TENNESSEE, ET AL.

         Session: January 16, 2019

          Appeal from the Circuit Court for Rutherford County No. 78980 Royce Taylor, Judge

         Petitioner, Anthony Leslie, appeals from the dismissal of his petition for writ of habeas corpus relief. Petitioner alleged that an amended judgment of the Davidson County Criminal Court adding a provision requiring community supervision for life is void because it was entered after his sentence had expired. Upon consideration of the record and the applicable authorities, we reverse the judgment of the habeas corpus court and grant habeas corpus relief to Petitioner. The amended judgment of the Davidson County Criminal Court is vacated, and Petitioner shall not be subject to community supervision for life in Davidson County Criminal Court case number 99-D-2865.

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

          Jessica Van Dyke, Nashville, Tennessee, for the appellant, Anthony Leslie.

          Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; and Jennings Hutson Jones, District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, J., delivered the opinion of the court, in which Robert L. Holloway, Jr. and Timothy L. Easter, JJ., joined.

          OPINION

          THOMAS T. WOODALL, JUDGE.

         Procedural history

         On March 23, 2000, in the Davidson County Criminal Court, Petitioner pleaded guilty to one count of attempted aggravated rape and was sentenced to eight years' probation in case number 99-D-2865. In 2001, Petitioner's probation was revoked, and he was ordered to serve the remainder of his sentence in confinement. The record reflects that Defendant was released from confinement on September 10, 2006, upon the expiration of his sentence.

         At some point after September 10, 2006, the Davidson County trial court signed without dating an amended judgment form. Petitioner alleges, and the State acknowledges, that the exact date the subject amended judgment was signed by the Davidson County trial court is unknown. There is no "filed" stamp by the trial court clerk. The trial court judge left blank a line next to his name which is provided to reflect the date the amended judgment was entered. The State does not dispute that the amended judgment was signed by the Davidson County trial court judge several years after Petitioner was discharged from his sentence by the Tennessee Department of Correction on September 10, 2006, upon completion of his sentence for attempted aggravated rape. It appears from documents in the record that the amended judgment was created in late 2011 or early 2012. Petitioner asserts that community supervision for life was neither part of his agreed upon sentence, nor was he ever notified of the condition by his attorney.

         On February 16, 2018, Petitioner filed a petition for writ of habeas corpus relief in the Circuit Court of Rutherford County, where he resides. Petitioner asserted that the imposition of community supervision for life after his full sentence had expired renders the amended judgment void and constitutes a restraint on his liberty. A hearing was held at which no evidence was presented, but the habeas corpus court heard arguments from both parties. The court concluded that community supervision for life was required by Tennessee Code Annotated section 39-13-524 and dismissed the petition. Petitioner now appeals.

         Analysis

         Petitioner contends that the amended judgment imposing the condition of community supervision for life is void, and the habeas corpus court should have granted his petition. The State responds that the court properly dismissed the petition because community supervision for life is a mandatory condition of Petitioner's sentence, the original judgment ...


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