Opinion
No. 01-C-01-9608-CR-00333.
August 15, 1997.
Davidson County, J. Randall Wyatt, Jr., Judge, (Habeas Corpus).
AFFIRMED PURSUANT TO RULE 20
FOR THE APPELLANT:
Geoffrey Coston, Attorney at Law.
FOR THE APPELLEE:
John Knox Walkup, Attorney General Reporter, Daryl J. Brand, Assistant Attorney General, Victor S. Johnson, III, District Attorney General, Katrin N. Miller, Assistant District Attorney General.
OPINION
The appellant, Danny Joe Cole (petitioner), appeals as of right from a judgment of the trial court dismissing his suit for the writ of habeas corpus. While the trial court addressed the merits of the grounds set forth in the petition, the court concluded the judgment was at best voidable, not void, and the remedy of habeas corpus was not available to the petitioner to attack the sentences previously imposed. In this Court, the petitioner contends the Tennessee Criminal Sentencing Reform Act of 1989 violates Article II, Section 2, the Separation of Powers Clause, of the Tennessee Constitution; and the Act is inconsistent with the determinate sentencing provisions contained in the Act.
After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed pursuant to Rule 20, Rules of the Tennessee Court of Criminal Appeals.
__________________________________________ JOE B. JONES, PRESIDING JUDGE
CONCUR:
______________________________________ WILLIAM M. BARKER, JUDGE
______________________________________ THOMAS T. WOODALL, JUDGE