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State v. Demonbreun

Court of Criminal Appeals of Tennessee, Nashville

September 19, 2019

STATE OF TENNESSEE
v.
WAYFORD DEMONBREUN, JR.

          Assigned on Briefs June 19, 2019.

          Appeal from the Criminal Court for Davidson County No. 94-B-1131 Steve R. Dozier, Judge.

         The Petitioner, Wayford Demonbreun, Jr., appeals the Davidson County Criminal Court's summary denial of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. On appeal, the Petitioner argues that his convictions are illegal because the trial court failed to award pretrial jail credits, the date his sentences were imposed is in question, the trial judge's name was not printed on the judgment forms, and the judgment forms were not stamped filed. We affirm the trial court's denial of relief.

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

          Wayford Demonbreun, Jr., Hartsville, Tennessee, pro se.

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

          John Everett Williams, P.J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, PRESIDING JUDGE.

         FACTS AND PROCEDURAL BACKGROUND

         The Petitioner was convicted of second degree murder and aggravated assault in 1997. He received an effective sentence of twenty-five years. This court affirmed the Petitioner's convictions. See State v. Wayford Demonbreun, Jr., No. M1998-00239-CCA-WRM-PC, 2000 WL 236458, at *1 (Tenn. Crim. App. Mar. 3, 2000). This court also affirmed the post-conviction court's denial of post-conviction relief. See Wayford Demonbreun, Jr. v. State, No. M2002-02195-CCA-R3-PC, 2003 WL 22663212, at *4 (Tenn. Crim. App. Nov. 7, 2003). The Petitioner has sought habeas corpus relief on multiple occasions, all of which have been denied. See Wayford Demonbreun, Jr. v. State, No. M2007-01934-CCA-R3-HC, 2008 WL 2521656, at *4 (Tenn. Crim. App. June 24, 2008) (affirming the trial court's denial of habeas corpus relief); Demonbreun v. Bell, 226 S.W.3d 321, 322 (Tenn. 2007) (affirming the dismissal of the petition for writ of habeas corpus); Wayford Demonbreun, Jr. v. State, No. M2004-03037-CCA-R3-HC, 2005 WL 1541873, at *1 (Tenn. Crim. App. June 30, 2005).

         Most recently, the Petitioner filed a motion for a correction of an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The Petitioner argued that the judgment forms for his convictions are "void." He alleged that the date the judgment for his second degree murder conviction was entered is in question because it appears that it was changed from June 3, 1997 to February 28, 1997. He claimed that the judgment forms do not address the amount of pretrial jail credit to which he is entitled. Additionally, he asserted that the date the sentence was imposed is in question and that there is no indictment or warrant number on the judgment form. He argued that the judgment form does not contain the trial judge's printed name and the judgment form is not file-stamped.

         The trial court summarily dismissed the Petitioner's motion finding that the Petitioner did not assert a colorable claim for relief under Tennessee Rule of Criminal Procedure 36.1. The Petitioner now appeals.

         ANALYSIS

         On appeal, the Petitioner argues that the trial court erred in summarily dismissing his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. He asserts that his sentence is illegal for three reasons. First, he argues that the judgment forms are incomplete and facially void due to the lack of the trial judge's printed name and pretrial jail credits. Second, he asserts that there are two dates indicating when the judgment for his second degree murder conviction was entered. Third, the Petitioner maintains that his sentence should be set aside because the judgment forms are not file-stamped. ...


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