Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 19, 2019.
from the Criminal Court for Davidson County No. 94-B-1131
Steve R. Dozier, Judge.
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.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
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.
Everett Williams, P.J., delivered the opinion of the court,
in which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr.,
EVERETT WILLIAMS, PRESIDING JUDGE.
AND PROCEDURAL BACKGROUND
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).
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
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.
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.