Assigned on Briefs July 9, 2019
from the Criminal Court for Shelby County No. 03-05193 J.
Robert Carter Jr., Judge
Shelby County jury convicted the Petitioner, Courtney Means,
of three counts of aggravated robbery involving multiple
victims, and the trial court sentenced him to an effective
twenty-four-year sentence. This court affirmed his
convictions and sentence. State v. Courtney Means,
W2005-00682-CCA-R3-CD, 2006 WL 709206, at *1 (Tenn. Crim.
App., at Jackson, Mar. 21, 2006), perm. app. denied
(Tenn. Sept. 5, 2006). The Petitioner unsuccessfully filed a
petition for post-conviction relief and a Tennessee Rule of
Criminal Procedure 36.1 motion for relief from an illegal
sentence. The Petitioner then filed a petition for a writ of
habeas corpus alleging that his judgments are void because
the court lacked authority to sentence him. After review, we
affirm the habeas corpus court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
S. Holland, Memphis, Tennessee, for the appellant, Courtney
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Leslie Byrd, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the Court, in
which James Curwood Witt, Jr., and J. Ross Dyer, JJ., joined.
W. WEDEMEYER, JUDGE
case arises from the Petitioner's robbing several elderly
people over a period of multiple years. In case numbers
03-015190, 03-015192, and 03-015194, a Shelby County jury
convicted the Petitioner of eight counts of aggravated
robbery involving three separate incidents and four victims
and occurring on December 18 and 22, 2002 ("2002
convictions"). The trial court merged the convictions
for each victim, and then, applying four enhancement factors,
sentenced the Petitioner to a total effective sentence of
eighteen years for the four remaining convictions. State
v. Courtney Means, No. M2004-01446-CCA-R3-CD, 2005 WL
1323260, at *1 (Tenn. Crim. App., at Nashville, June 3,
2005), perm. app. denied (Tenn. Dec. 5, 2005). This
court affirmed the Petitioner's convictions and sentence.
In case numbers 03-05193 and 03-05200, a Shelby County jury
convicted the Petitioner of three counts of aggravated
robbery against three victims, and the trial court sentenced
him to an effective twenty-four-year sentence ("2003
convictions"). This court affirmed his convictions and
sentence. Means, 2006 WL 709206, at *1.
Petitioner filed a petition for post-conviction relief from
his 2002 convictions. Courtney Means v. State, No.
W2008-01039-CCA-R3-CD, 2010 WL 2490771, at *1 (Tenn. Crim.
App., at Jackson, June 21, 2010), perm. app. denied
(Tenn. Oct. 20, 2010). The post-conviction court denied the
Petitioner's petition, and this court affirmed.
Petitioner filed a petition for a writ of habeas corpus
relief in Federal Court challenging his 2002 convictions.
Means v Lester, No. 11-2646-JPM-tmp, 2013 WL
3992506, at *1 (W.D. Tenn. Aug. 5, 2013), no perm. app.
filed. The federal district court concluded that the
trial court improperly applied two enhancement factors
pursuant to Blakely v. Washington, 542 U.S. 296
(2004), and it instructed the State to either reduce the
Petitioner's sentence from nine years for each count to
eight years for each count, or afford the Petitioner a new
sentencing hearing within 180 days of the entry of the order.
Id. at *16. The State failed to comply with the
order, and the Petitioner filed a petition for issuance of an
unconditional writ of habeas corpus. Means v.
Phillips, 136 F.Supp.3d 872, 892 (W.D. Tenn. 2015). The
district court granted the petition and ordered that the
Petitioner be released on these sentences. It further ordered
that the State was permitted to re-arrest the Petitioner and
resentence him for those convictions but that the sentence
could not exceed eight years for each conviction.
Id. at 896. Thereafter, by agreement of the parties,
the Petitioner was sentenced to consecutive sentences of 7.2
years for each conviction, for a total effective sentence of
Petitioner filed a Tennessee Rule of Criminal Procedure 36.1
motion in which he alleged that his twenty-four-year sentence
for his 2003 convictions was illegal. State v. Courtney
Means, No. W2016-02209-CCA-R3-CD, 2017 WL 2482988, at *1
(Tenn. Crim. App., at Jackson, June, 7, 2017), no Tenn.
R. App. P. 11 application ...