Assigned on Briefs September 4, 2019
from the Criminal Court for Shelby County No. 14-06098 James
M. Lammey, Judge
se Defendant, Martez Wheeler, appeals the trial court's
summary dismissal of his motion to correct an illegal
sentence, pursuant to Tennessee Rule of Criminal Procedure
36.1. After thorough review, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Wheeler, Harstville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Bryce Phillips,
Assistant District Attorney General, for the appellee, State
E. Glenn, J., delivered the opinion of the court, in which
Robert L. Holloway, Jr., and Timothy L. Easter, JJ., joined.
E. GLENN, JUDGE.
December 4, 2014, the Defendant was indicted by a Shelby
County Grand Jury on two counts of attempted first degree
murder, two counts of employing a firearm during the
commission of a dangerous felony, and one count of evading
arrest. On October 5, 2015, the Defendant pled guilty to two
counts of attempted first degree murder and one count of
employing a firearm during the commission of a dangerous
felony, and the State dismissed the remaining charges. The
Defendant received concurrent 20-year sentences for the two
attempted murder convictions and a six-year consecutive
sentence for the firearm conviction, for a total effective
sentence of 26 years. The Defendant did not appeal.
October 16, 2018, the Defendant filed a pro se "Motion
for Correction of Illegal Sentence." In his motion, the
Defendant asserted that his sentence was "not authorized
by applicable statutes" because "with a charge [of]
Criminal Attempt to Commit First Degree Murder where a gun is
part of the crime, Tennessee Code Annotated §39-17-1324,
cannot be used to increase it again." The trial court
summarily dismissed the Defendant's motion by written
order on November 13, 2018, finding that he had not stated a
colorable claim for relief from an illegal sentence.
Defendant argues on appeal, as he argued in his Rule 36.1
motion, that he received illegal sentences for his attempted
murder and firearm convictions because he could not be
convicted of both attempted first degree murder and the
firearm charge because the firearm was used to commit the
attempted first degree murder.
36.1 provides "a mechanism for the defendant or the
State to seek to correct an illegal sentence." State
v. Brown, 479 S.W.3d 200, 208-09 (Tenn. 2015). An
illegal sentence is defined as "one that is not
authorized by the applicable statutes or that directly
contravenes an applicable statute." Tenn. R. Crim. P.
36.1(a). When a defendant files a motion under Rule 36.1, the
trial court must determine whether the motion "states a
colorable claim that the sentence is illegal." Tenn. R.
Crim. P. 36.1(b). In the context of Rule 36.1, a colorable
claim is a claim that, "if taken as true and viewed in a
light most ...