Opinion
C.C.A. No. 02C01-9611-CR-00423.
September 23, 1997.
On Appeal from the Judgment of the Criminal Court of Shelby County, HON. JOHN P. COLTON, JR., JUDGE, (Habeas Corpus).
AFFIRMED PURSUANT TO RULE 20
FOR THE APPELLANT:
DOCK BATTLES, PRO S.E.
FOR THE APPELLEE:
JOHN KNOX WALKUP, Attorney General and Reporter, DEBORAH A. TULLIS, Assistant Attorney General, JOHN W. PIEROTTI, District Attorney General, ALANDA HORNE, Assistant District Attorney General.
ORDER
The Appellant appeals as of right from the trial court's dismissal of Appellant's petition for habeas corpus relief. The trial court determined that the petition did not allege grounds which would warrant habeas corpus relief, and dismissed the petition without appointing counsel or conducting an evidentiary hearing. We affirm the dismissal.
The petition alleges essentially that the sentencing court erroneously sentenced the Appellant and that he has not received appropriate credit for time he served while awaiting trial. Habeas corpus relief is available only if the judgment restraining the petitioner is void or the petitioner's sentence has expired. The allegations contained in this petition, even if true, establish neither of these grounds.
We conclude that the evidence does not preponderate against the finding of the trial judge and that no error of law requiring a reversal of the judgment is apparent on the record. Based upon a thorough reading of the record, the briefs of the parties, and the law governing the issues presented for review, the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.