Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs August 27, 2019
from the Criminal Court for Knox County No. 100635 Bobby R.
Dennis Rasheed Gaye, appeals from the dismissal of a motion
to reduce his sentence, a motion to correct an illegal
sentence, and a motion to correct a clerical error. For the
following reasons, the judgment of the trial court is
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Rasheed Gaye, Whiteville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Charme P.
Allen, District Attorney General; and Jennifer Welch,
Assistant District Attorney General, for the appellee, State
Timothy L. Easter, J., delivered the opinion of the court, in
which Camille R. McMullen and J. Ross Dyer, JJ., joined.
TIMOTHY L. EASTER, JUDGE.
January 16, 2014, Defendant entered guilty pleas in several
cases: 100635, 101271, and 96453A. From the transcript of the
guilty plea hearing, we have gleaned that in case number
101271, Defendant pled guilty to conspiracy to possess with
intent to sell less than .5 grams of cocaine in a drug-free
zone, a Class C felony. In exchange for the guilty plea, the
State dismissed several other counts in case number 101271.
The trial court sentenced Defendant to six years to be served
at 100%, imposed a $2000 fine, and charged Defendant with
Count 1 of case number 100635, Defendant
appears to have been originally indicted for
possession with intent to sell 26 grams or more of cocaine
within 1000 feet of a drug-free childcare zone but pleaded
guilty to possession with intent to sell .5 grams or more of
cocaine within 1000 feet of a drug-free childcare zone, both
Class B felonies. Dennis Rasheed Gaye v. State,
E2017-00793-CCA-R3-PC, 2018 WL 287034, at *1 (Tenn. Crim.
App. Jan. 4, 2018), perm. app. denied (Tenn. May 15,
2018). Defendant was sentenced to eight years at 100% to be
served consecutively to the sentence in case number 101271.
Defendant also received a fine of $2000 and was ordered to
pay court costs. In Count 5 of case number 100635, Defendant
pled guilty to simple possession and was sentenced to eleven
months and twenty-nine days and a received $250 fine. This
sentence was ordered to be served concurrently to the
sentence in Count 1. In Count 6 of case number 100635,
Defendant pled guilty to evading arrest in exchange for a
sentence of eleven months and twenty-nine days to be served
concurrently with the sentence in Count 1. Counts 2, 3, 4, 7,
and 8 of case number 100635 were dismissed. Case number
100634 was dismissed.
number 96453A, Defendant pled guilty to robbery in exchange
for a six-year sentence as a Range I, standard offender to be
served consecutively to the sentence in case number 100635.
As a result of the guilty pleas in all three cases, Defendant
was sentenced to a total effective sentence 20 years.
April of 2014, Defendant filed a pro se motion for correction
and reduction of his sentence pursuant to Tennessee Rule of
Criminal Procedure 35 in case numbers 101271 and 100635. In
the motion, Defendant argued that the trial court failed to
make the proper findings prior to ordering consecutive
sentencing. Defendant also argued that his sentence in case
number 100635 should be eight years at 30% rather than eight
years at 100% because the evidence did not show that he was
in a drug-free zone at the time he committed the offense.
October of 2014, Defendant sought post-conviction relief. The
post-conviction court held a hearing in April of 2017 at
which Defendant alleged that "the indictment [in case
100635] should be dismissed because the judgment did not
reflect the proper conviction offense." Id. The
post-conviction court determined that the original judgment
of conviction for Count 1 of case number 100635 reflected
that Defendant was convicted of possession with intent to
sell 26 grams or more of cocaine within 1000 feet of a
drug-free childcare zone, and the State conceded that a
clerical error occurred on the judgment. Id. As a
result, the post-conviction court ordered correction of the
judgment form to reflect a conviction of possession with
intent to sell 0.5 grams or more of cocaine within 1000 feet
of a drug-free childcare zone. Id. The
post-conviction court denied further relief, finding that
dismissal of the indictment was not warranted. Id.
On appeal from the denial of post-conviction relief, this
Court affirmed the post-conviction court's judgment.
Id. at *2. The supreme court denied permission to
February 16, 2018, Defendant filed an amended motion for
relief under Rule 35, asking the trial court to reduce his
eight-year sentence in case number 100635 to 7.2 years at
100%, asserting that there was a discrepancy between his
negotiated guilty plea and the plea agreement announced on
the record at the sentencing hearing. In May of 2018,
Defendant filed a second amended motion pursuant to Rule 35
in which he asked the trial court to remove the drug-free
zone enhancement from his conviction in case number 100635
and order Defendant to serve his sentence on probation
because the location of the traffic stop which gave rise to
the charges was not within a drug-free zone. In July of 2018,
Defendant again amended his Rule 35 motion, asking the trial
court to reduce his sentence in case number 100635 to three
years at 100%. In this amendment, Defendant ...