Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs July 24, 2019
from the Criminal Court for Sumner County Nos. 659-2012,
681-2012 Dee David Gay, Judge
Petitioner, Jonathan David Schelfe, appeals from the denial
of his motion for correction of an illegal sentence pursuant
to Rule 36.1 of the Tennessee Rules of Criminal Procedure.
Following our review, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Jonathan David Schelfe, Clifton, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Assistant Attorney General; Ray Whitley,
District Attorney General; and Tara Wyllie, Assistant
District Attorney General, for the Appellee, State of
Camille R. MCMULLEN, J., delivered the opinion of the court,
in which Robert L. Holloway, Jr., and Timothy L. Easter, JJ.,
CAMILLE R. McMULLEN, JUDGE
September 2012, the Petitioner was charged in a 42-count
indictment of rape of a child, aggravated sexual battery,
rape, solicitation of a minor under 13 years of age to
observe sexual conduct, and solicitation of a minor to
observe sexual conduct in case numbers 681-2012 and 659-2012.
On May 23, 2013, the Petitioner entered a guilty plea and
received an effective sentence of forty years, to be served
at 100%. At issue in this appeal is case number 659-2012, and
our review is limited to the Petitioner's convictions of
rape of a child in counts 1, 4, 5, and 8. For each of those
counts, the Petitioner was ordered to concurrent terms of
fifteen years at 100%, to be served consecutively to counts
13, 16, 17, 20 (all rape of a child with an offense date
after 2010), counts 21 and 24 (aggravated sexual battery),
count 25 (rape of child with an offense date in 2011), counts
26, 31, 32, 37 (rape), counts 38 and 41(solicitation of
minor/sexual content), and count 42 (rape of a child with an
offense date of January 2008 to August 2010).
at the Petitioner's May 23, 2013 guilty plea hearing, the
State advised the trial court as follows:
[The Petitioner] will be pleading guilty to Counts 1, 4, 5,
and 8, rape of a child. Your Honor, these counts occurred
sometime between 2007 and 2009. There was a change in the
statutory scheme on the sentencing for rape of a child July
1st, 2007. Accordingly, I believe, the [Petitioner] has the
right to select which sentencing scheme he wants to be
sentenced under….We have agreed that he will be
sentenced under the sentencing scheme prior to July 1st,
2007. In that situation, rape of a child carried 15 to 25
years at 100 percent.
State then provided the following factual basis in support of
the Petitioner's guilty pleas to rape of a child in
counts 1, 4, 5, and 8:
From the time that [the victim] was about seven years old,
beginning in 2007, sometime in 2007, the initial encounter
involved her walking in, seeing her father, the [Petitioner],
watching pornography. He encouraged her to continue to stay
there and watch the pornography with him.
Within a relatively short period of time, he began to molest
her. He would do so on a regular basis. At least weekly or
every other week he would touch her on her vaginal area, he
would have her touch his penis, he would digitally penetrate
her, and he would perform oral sex on ...