Robinson v. Bell10/12/2004
This case arises from the habeas court's dismissal of the Petitioner's petition for writ of habeas corpus. As previously stated, this case is procedurally complex. On August 8, 1989, the Petitioner was arrested and charged with Driving Under the Influence of an Intoxicant ("DUI") and Driving on a Revoked License, case number 13960. While out on bond, the Petitioner was charged with two counts of Illegal Sale of Schedule II Controlled Substances, case number 14010. On January 8, 1990, the Petitioner pled guilty in case number 13960 to DUI, a class A misdemeanor, and he pled guilty in case number 14010 to two counts of the Illegal Sale of Schedule II Controlled Substances, a class C felony. The trial court sentenced the Petitioner, as a Range I standard offender, to eleven months and twenty-nine days for the DUI conviction, and to five years for the two sale of a controlled substance offenses. The trial court ordered the sentences to run concurrently.
The Petitioner was released on parole in case numbers 13960 and 14010 on July 15, 1990. While on parole, on October 1, 1990, the Petitioner was arrested and charged with Assault and Aggravated Assault, in case number 14296. While on bond for these charges, the Petitioner was arrested and charged with Attempted First Degree Murder and two counts of Aggravated Assault, in case number 14358.
On May 28, 1991, the Petitioner entered into a joint plea agreement in cases 14296 and 14358. In case 14296, the Petitioner pled guilty to Simple Assault, a class A misdemeanor, and Attempted Aggravated Assault, a class D felony. The trial court sentenced the Petitioner, as a Range I standard offender, to eleven months and twenty-nine days for Simple Assault, and to two years for the Attempted Aggravated Assault. In case 14358, the Petitioner pled guilty to two counts of Attempted Aggravated Assault, class D felonies, and the trial court sentenced him to two years for each of the Attempted Aggravated Assault convictions. The trial court ordered that all the Petitioner's sentences, on the four convictions in case numbers 14296 and 14358, run concurrently. The Petitioner was released on parole for these convictions on April 3, 1992.
On October 22, 1992, the Petitioner was arrested and charged with First Degree Murder in case number 14977. On April 26, 1993, the Petitioner pled guilty to Second Degree Murder, a class A Felony. The trial court sentenced the Petitioner as a Range III persistent offender to forty years, at forty-five percent.
On May 9, 2003, the Petitioner filed a pro se petition for writ of habeas corpus, and later, through appointed counsel, filed an amended petition for writ of habeas corpus. After a hearing,*fn1 the trial court dismissed the Petitioner's petition for habeas corpus relief. The habeas court found that the May 28, 1991, sentences were illegal, but denied habeas relief, noting that the illegal sentences had expired and that any issue with the Petitioner's current sentence should be addressed to the convicting court. It is from this order that the Petitioner now appeals.
II. Analysis
Article I, section 15 of the Tennessee Constitution guarantees its citizens the right to seek habeas corpus relief. In Tennessee, a "person imprisoned or restrained of [his or her] liberty, under any pretense whatsoever . . . may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint." Tenn. Code Ann. § 29-21-101 (2000). The grounds upon which habeas corpus relief will be granted are very narrow. See State v. Ritchie, 20 S.W.3d 624, 630 (Tenn. 2000). "Unlike the post-conviction petition, the purpose of a habeas corpus petition is to contest void and not merely voidable judgments." Pott
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