State of Tennessee v. Byron J. Walker ( 2017 )


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  •                                                                                               01/17/2017
    IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
    AT JACKSON
    Assigned on Briefs December 6, 2016
    STATE OF TENNESSEE v. BYRON J. WALKER
    Appeal from the Criminal Court for Shelby County
    Nos. 98-01078, 98-01079, 98-01252  James C. Beasley, Jr., Judge
    No. W2016-00076-CCA-R3-CD
    _____________________________
    The Defendant, Byron J. Walker, entered guilty pleas in 1998 in case numbers 98-01078,
    98-01079, and 98-01252 to two counts of possession with the intent to sell cocaine and to
    one count of possession of marijuana. Pursuant to the negotiated plea agreement, the
    Defendant received concurrent sentences of three years for each possession with the
    intent to sell cocaine conviction and sixty days’ confinement for the possession of
    marijuana conviction, for an effective three-year sentence. On January 26, 2015, the
    Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting
    that the trial court correct illegal sentences. After an evidentiary hearing, the trial court
    denied relief for failure to state a colorable claim. On appeal, the Defendant contends
    that (1) the trial court erred by denying relief, (2) the trial court erred in its application of
    the habeas corpus statute, (3) the trial court’s application of State v. Brown, 
    479 S.W.3d 200
    (Tenn. 2015), as the basis for denying relief violated procedural due process, and (4)
    this court should overturn our supreme court’s holding in Brown. We affirm the
    judgment of the trial court.
    Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
    ROBERT H. MONTGOMERY, JR., delivered the opinion of the court, in which NORMA
    MCGEE OGLE and ROBERT L. HOLLOWAY, JR., JJ., joined.
    Brandi L. Heiden (on appeal) and Shannon Davis (at hearing), Memphis, Tennessee, for
    the Appellant, Byron J. Walker.
    Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant
    Attorney General; Amy P. Weirich, District Attorney General; and Kenya Smith,
    Assistant District Attorney General, for the Appellee, State of Tennessee.
    OPINION
    On January 29, 1998, the grand jury returned an indictment in case number 98-
    01079 for possession with the intent to sell cocaine and possession with the intent to
    deliver cocaine. On February 3, 1998, the grand jury returned an indictment in case
    number 98-01252 for possession with the intent to sell cocaine and possession with the
    intent to deliver cocaine. On April 2, 1998, the Defendant entered guilty pleas to
    possession with the intent to sell cocaine in both cases and to possession of marijuana in
    case number 98-01078. Pursuant to the plea agreement, the sentences were to be served
    concurrently.
    On January 26, 2015, the Defendant filed a motion to correct an illegal sentence
    pursuant to Tennessee Rule of Criminal Procedure 36.1. The Defendant argued that
    concurrent service of his sentences was illegal because Tennessee Rule of Criminal
    Procedure 32(c)(3)(C) and Tennessee Code Annotated section 40-20-111(b) required
    consecutive service. He alleged that consecutive service of his sentences in case numbers
    98-01079 and 98-01252 was required because he committed one of the offenses while he
    was released on bail for the other offense. The trial court appointed counsel and held an
    evidentiary hearing.
    At the hearing, defense counsel conceded that the Defendant had served the
    sentences but argued that Marcus Deangelo Lee, No. W2014-00994-CCA-R3-CO, 
    2015 WL 2330063
    (Tenn. Crim. App. May 13, 2015), perm. app. denied (Tenn. May 9, 2016),
    provided a basis for relief pursuant to Rule 36.1. Counsel noted that at the time of the
    hearing, Brown was pending before our supreme court. The trial court agreed to hear the
    proof and to take the matter under advisement.
    The Defendant testified that after his arrest in case number 98-01252, he was
    released on bond and that while he was released, he was charged in case number 98-
    01079. The Defendant said that he entered a plea agreement resolving these cases and
    that the plea agreement allowed him to serve the sentences concurrently. He denied he
    was told that concurrent sentencing was illegal because the offense in case number 98-
    01079 was committed while he was released on bond. He said he relied on the
    concurrent service term in accepting the plea offer. He said, though, that he would not
    have accepted the plea offer had he known concurrent sentencing was illegal and that he
    wanted to withdraw his guilty pleas. He agreed that his sentences were fully served by
    2000 and that he was serving a sentence in federal prison for an unrelated matter at the
    time of the hearing.
    -2-
    On cross-examination, the Defendant testified that he was charged in federal court
    about seven or eight years after he served his sentences in the present cases. He agreed
    that his federal sentence was enhanced based upon his convictions in the present cases
    and that he hoped to have his convictions in these cases overturned in an effort to reduce
    his federal sentence.
    The Defendant testified that his attorney told him accepting the plea agreement
    “was the best thing to do,” that he believed he could have “beat” the charges had he gone
    to trial, and that he signed the plea agreement because counsel told him to sign it. He
    said he did not sign the plea agreement because it called for concurrent sentences. He
    said later, though, that concurrent sentences “had something to do with it, too.”
    The trial court denied relief, relying upon Brown and State v. Wooden, 
    478 S.W.3d 585
    (Tenn. 2015), after finding that the Defendant’s sentences had expired. The court
    concluded that Tennessee Code Annotated section 29-21-101(b) regarding habeas corpus
    relief did not allow a defendant to attack an illegal sentence when it was the received as a
    result of a negotiated plea agreement. This appeal followed.
    On appeal, the Defendant contends that the trial court erred by denying relief
    because he stated a colorable claim for relief, that the trial court erred in its application of
    the habeas corpus statute, that the trial court’s application of Brown violated procedural
    due process, and that this court should overturn our supreme court’s holding in Brown.
    Tennessee Criminal Procedure Rule 36.1 states, in relevant part, that
    (a) Either the defendant or the state may, at any time, seek the correction of
    an illegal sentence by filing a motion to correct an illegal sentence in the
    trial court in which the judgment of conviction was entered. For purposes
    of this rule, an illegal sentence is one that is not authorized by the
    applicable statutes or that directly contravenes an applicable statute.
    A defendant is entitled to a hearing and the appointment of counsel if the motion states a
    colorable claim for relief. Tenn. R. Crim. P. 36.1(b). Further, the trial court is required
    to file an order denying the motion if it determines that the sentence is not illegal. 
    Id. at 36.1(c)(1).
    Whether a defendant states a colorable claim is a question of law and is reviewed
    de novo. State v. Wooden, 
    478 S.W.3d 585
    , 588 (Tenn. 2015). A colorable claim is
    defined as “a claim that, if taken as true and viewed in a light most favorable to the
    moving party, would entitle the moving party to relief under Rule 36.1.” 
    Id. at 593.
    A
    motion filed pursuant to Rule 36.1 “must state with particularity the factual allegations on
    -3-
    which the claim for relief from an illegal sentence is based.” 
    Id. at 594.
    A trial court
    “may consult the record of the proceeding from which the allegedly illegal sentence
    emanated” when determining whether a motion states a colorable claim for relief. 
    Id. Only fatal
    errors result in an illegal sentence and “are so profound as to render the
    sentence illegal and void.” 
    Id. at 595;
    see State v. Cantrell, 
    346 S.W.2d 445
    , 452 (Tenn.
    2011). Fatal errors include sentences imposed pursuant to an inapplicable statutory
    scheme, sentences that designate release eligibility dates when early release is prohibited,
    sentences that are ordered to be served concurrently when consecutive service is required,
    and sentences that are not authorized by statute. 
    Wooden, 478 S.W.3d at 595
    . Errors
    which are merely appealable, however, do not render a sentence illegal and include
    “those errors for which the Sentencing Act specially provides a right of direct appeal.”
    Id.; see 
    Cantrell, 346 S.W.2d at 449
    . Appealable errors are “claims akin to . . .
    challenge[s] to the sufficiency of the evidence supporting a conviction” and “involve
    attacks on the correctness of the methodology by which a trial court imposed sentence.”
    
    Wooden, 478 S.W.3d at 595
    ; see 
    Cantrell, 346 S.W.2d at 450-52
    .
    Resolution of the Defendant’s appeal is controlled by the recent opinion of our
    supreme court in State v. Brown, 
    479 S.W.3d 200
    , 209-11 (2015). The Brown court said
    that Rule 36.1 did not extend to the correction of illegal sentences which have expired.
    
    Id. The record
    reflects that the Defendant conceded at the evidentiary hearing that his
    sentences had long since expired and that he had completed the service of his sentences
    in 2000, approximately fifteen years before he filed his motion for the correction of an
    illegal sentence. Although the Defendant relies upon the principle that a sentence that is
    void ab initio cannot expire because it never existed, our supreme court’s treatment of
    expired sentences in Brown forecloses the Defendant’s reasoning. See 
    Brown, 479 S.W.3d at 210-11
    . Brown overruled all previous opinions extending Rule 36.1 to expired
    sentences. Therefore, the trial court properly denied relief on the basis that the Defendant
    failed to state a colorable claim for relief.
    To the extent that the trial court relied upon Tennessee Code Annotated section
    29-21-101(b) in denying the Defendant’s motion to correct an illegal sentence, we note
    that this statute applies to defendants seeking a writ of habeas corpus and does not apply
    to motions to correct illegal sentences pursuant to Rule 36.1. See T.C.A. § 29-21-
    101(b)(1) (2009) (“Persons restrained of their liberty pursuant to a guilty plea and
    negotiated sentence are not entitled to the benefits of this writ on any claim that . . . [t]he
    petitioner received concurrent sentencing where there was a statutory requirement for
    consecutive sentencing.”); see also State v. Sean Blake, No. W2014-00856-CCA-R3-CO,
    
    2015 WL 112801
    , at *3 (Tenn. Crim. App. Jan. 8, 2015). Furthermore, habeas corpus
    relief is not permitted when a sentence has expired. See Summers v. State, 
    212 S.W.3d 251
    , 257-58 (Tenn. 2007); Benson v. State, 
    153 S.W.3d 27
    , 32 (Tenn. 2004).
    -4-
    Relative to the Defendant’s claim that application of Brown violated procedural
    due process, he argues the following:
    Appellant waived his sacrosanct right to a trial by a jury of his peers in
    reliance on the fact that his sentence was legal, and it was not. He was
    denied relief . . . not because the court found that his claim lacked merit,
    but because the trial court relied on a recent unconstitutional ruling that
    prevented him from receiving a hearing on the merits of his claim. This
    court should reverse the trial court’s summary dismissal, and remand for
    the trial court to evaluate the merits of Appellant’s claim.
    We note that although summary dismissal of the Defendant’s motion would have been
    proper because his sentences had expired, the trial court did not summarily dismiss the
    Defendant’s motion. The court appointed counsel and held an evidentiary hearing
    regarding the Defendant’s claim that concurrent service of his sentences was illegal
    because he committed an offense while released on bond. See Tenn. R. Crim. P.
    32(c)(3)(C). In any event, the Defendant does not state in his brief how application of
    Brown violates procedural due process, but he mentions he continues to suffer collateral
    consequences from his guilty pleas.
    The holding in Brown is based upon our supreme court’s interpretation of the
    language and the purpose of Rule 36.1. 
    Brown, 479 S.W.3d at 210-12
    . After reviewing
    the language of the Rule, its expressed purpose, and “the jurisprudential background from
    which it developed,” the court determined that Rule 36.1 was created “to provide a
    mechanism for the defendant or the State to seek to correct an illegal sentence” but that
    the Rule was not “intended to expand the scope of relief available on such claims by
    permitting the correction of expired illegal sentences.” 
    Id. at 210-11
    (emphasis in
    original). The court noted that had Rule 36.1 been created to apply to expired illegal
    sentences, the language of the Rule would have “clearly express[ed] that intent.” 
    Id. at 211.
    The court explained that “[w]hen a sentence has expired and the restraint on a
    petitioner’s liberty is merely a collateral consequence . . . , habeas corpus is not an
    appropriate avenue for relief” and that “[t]his same limitation applies to the scope of
    relief available under Rule 36.1.” 
    Id. n.12 (internal
    citations and quotation marks
    omitted).
    We have not overlooked the Defendant’s request for this court to overturn Brown.
    However, this court is bound by the precedents established by our supreme court. See
    State v. Pendergrass, 
    795 S.W.2d 150
    , 155-56 (Tenn. Crim. App. 1989) (stating The
    Tennessee Court of Criminal Appeals “is bound by the decisions of our Supreme Court”).
    This court
    -5-
    does not have the jurisdiction to review the propriety of an order by our
    supreme court. [I]t is a controlling principle that inferior courts must abide
    [by] orders, decrees and precedents of higher courts. The slightest
    deviation from this rigid rule would disrupt and destroy the sanctity of the
    judicial process.
    Thompson v. State, 
    958 S.W.2d 156
    , 173 (Tenn. Crim. App. 1997); see State v. Irick, 
    906 S.W.2d 440
    , 443 (Tenn. 1995).
    In consideration of the foregoing and the record as a whole, the judgment of the
    trial court is affirmed.
    ____________________________________
    ROBERT H. MONTGOMERY, JR., JUDGE
    -6-
    

Document Info

Docket Number: W2016-00076-CCA-R3-CD

Judges: Judge Robert H. Montgomery, Jr.

Filed Date: 1/17/2017

Precedential Status: Precedential

Modified Date: 1/18/2017