Court of Criminal Appeals of Tennessee, Nashville
January 16, 2019
from the Circuit Court for Rutherford County No. 78980 Royce
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Jessica Van Dyke, Nashville, Tennessee, for the appellant,
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
T. Woodall, J., delivered the opinion of the court, in which
Robert L. Holloway, Jr. and Timothy L. Easter, JJ., joined.
T. WOODALL, JUDGE.
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probation was revoked, and he was ordered to serve the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.
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.
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.
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 ...