Opinion
C.C.A. No. 01C01-9506-CC-00171.
January 26, 1996.
Appeal from Hickman County, Hon. Donald P. Harris, Judge.
For the Appellant:
Larry Gilbreath, Pro Se.
For the Appellee:
Charles W. Burson, Attorney General Reporter, Ellen H. Pollack Assistant Attorney General, Joseph D. Baugh, District Attorney General.
AFFIRMED
OPINION
Appellant, Larry Gilbreath, was convicted of rape on April 19, 1971. He was sentenced to serve 55 years and 1 day confinement. Appellant filed Application for Writ of Habeas Corpus alleging that his sentence "expired on January 4, 1993." The trial court dismissed without conducting an evidentiary hearing. The trial court held that appellant must serve one-half of his determinate sentence prior to being considered for paroled release. The court reasoned that good and honor time credit was inapplicable when calculating parole eligibility on determinate sentences. McFadden v. State, 532 S.W.2d 944, 946 (Tenn.Crim.App. 1975). The trial court further found neither a factual nor legal basis supporting appellant's assertion that his sentence had expired.
On appeal, the appellant argues that pursuant to credits provided by Tenn. Code Ann. §§ 41-332 -334, his sentence expired on January 4, 1991. He argues that the issue is not his parole eligibility date, but whether his sentence has expired. We understand appellant's allegations, however, we find no error of law requiring reversal. Pursuant to Tenn. R. Ct. Crim. App., Rule 20, we affirm the trial court's findings.
__________________________________ PAUL G. SUMMERS, Judge
CONCUR:
__________________________________ JOE B. JONES, Presiding Judge
__________________________________ JOSEPH M. TIPTON, Judge