Assigned on Briefs November 5, 2019
from the Criminal Court for Shelby County No. 17-00415,
17-02933 Chris Craft, Judge
Defendant, Gailor Paige, entered a negotiated guilty plea to
possession with intent to sell heroin and possession of a
firearm by a convicted felon with a prior crime of violence.
The trial court sentenced the Defendant to consecutive
six-year sentences as a Range I offender for each count. The
Defendant filed a "petition to suspend the remainder of
sentence after 120 day[s]," based upon his completion of
four "intense" programs while incarcerated. The
trial court summarily denied the request based upon a
condition in the negotiated plea agreement that required the
Defendant to "waive[ ] his right to later request a
petition for suspension of remainder of his sentence."
The Defendant appeals, asserting that the trial court erred
by denying his request for suspension of the remainder of his
sentence. After review, we affirm the trial court's
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Paige, Memphis, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Senior Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Melanie H. Cox,
Assistant District Attorney General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the court, in
which Camille R. McMullen and Robert L. Holloway, Jr., JJ.,
W. WEDEMEYER, JUDGE
Defendant appeals the trial court's denial of his request
for suspension of his remaining sentence. We gather from the
minimal record that the Defendant was indicted in January
2017 for unlawful possession of a controlled substance
(heroin) with the intent to sell and unlawful possession of a
controlled substance (heroin) with the intent to deliver. In
June 2017, a Shelby County grand jury indicted the Defendant
for convicted felon (underlying offense aggravated burglary)
in possession of a firearm, theft of property valued over
$500, and possession of a controlled substance (marijuana).
negotiated plea agreement, the Defendant entered a guilty
plea to felon in possession of a handgun with a prior crime
of violence and unlawful possession of a controlled substance
(heroin) with intent to sell. The written plea agreement is
included in the record and reflects that the Defendant was to
be sentenced to six years for each count, with the sentence
to be served in "SCCC," Shelby County Correctional
Center. The judgment forms indicate that the two convictions
were to run consecutively, and the remaining counts were to
be dismissed. On the judgment forms filed April 24, 2018, in
the "special conditions" box, there is a notation:
"No PSS/No PSRS."
October 5, 2018, the Defendant filed a "petition to
suspend the remainder of sentence after 120 day[s]." On
November 26, 2018, the trial court, by order, denied the
Defendant's petition. In the order, the trial court
this petition should be denied without a hearing, as an
express condition of the [Defendant]'s guilty plea,
entered on the judgment of conviction, was that he waived his
right to later request a petition for suspension of remainder
of his sentence pursuant to Tenn. Code Ann.
§40-35-306(c). As this is a statutory right which he
waived in open court during his guilty plea voir dire, this
court has no jurisdiction to suspend or reduce the
is no transcript of the guilty plea hearing in the record.
appeal, the Defendant challenges the trial court's
denial, objecting to the trial court's finding that the
Defendant waived his right to request a suspended sentence
"in open court during his guilty plea." The
Defendant contends that, at the guilty plea hearing, the
trial court did not "orally order the [Defendant] not to
later file a motion to suspend the remainder of
sentence" but acknowledges that the trial court did
later include "No PSS/No PSRS" in the special
conditions box on each of the judgment forms. The Defendant
concludes that, because of the trial court's erroneous
reference to a ...