Hill v. State

8 Citing cases

  1. State v. Evans

    No. M2021-00963-CCA-R3-CD (Tenn. Crim. App. Mar. 7, 2022)   Cited 1 times

    Tenn. Code Ann. ยง 40-35-501(i)(1), (i)(2)(H), (I); see Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 WL 1006050, at *4-5 (Tenn. Crim. App. Aug. 30, 2001). Thus, the trial court's imposition of 100% service for the petitioner's sentences for his convictions for rape of a child and aggravated sexual battery were authorized by the applicable statutory scheme.

  2. TUTT v. TN DEPARTMENT OF COR

    No. M2005-02563-COA-R3-CV (Tenn. Ct. App. Aug. 16, 2007)

    Nonetheless, the meaning of subsection (i)(3) of that statute, quoted above, is plain and cannot be ignored. Tennessee Code Annotated ยง 39-13-523(c) is also clear and unambiguous. Aside from Coleman v. Morgan, supra, the Court of Criminal Appeals has had several opportunities to construe the above statutes since their enactment. For example, in Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 WL 1006050 (Tenn.Crim.App. Aug. 30, 2001) (No Tenn. R. App. P. 11 application filed), the defendant reached a plea that resulted in his conviction for four separate acts of child rape committed in three different counties. He received four sixteen year sentences for the offenses, to be served concurrently.

  3. Braden v. Bell

    No. M2004-01381-CCA-R3-HC (Tenn. Crim. App. Aug. 19, 2005)   Cited 7 times
    In Thomas Braden, the petitioner filed a habeas corpus petition arguing that his sentence was illegal and, therefore, void.

    -CCA-R3-CO, 2004 Tenn. Crim. App. LEXIS 695 (Tenn.Crim.App., at Nashville, Aug. 6, 2004) (petitioner had entered his pleas on the basis he would receive the benefit of the fifteen percent reduction credits); Dewayne Cathey v. State, No. W2003-00411-CCA-R3-CO, 2004 Tenn. Crim. App. LEXIS 680 (Tenn.Crim.App., at Jackson, July 28, 2004) (plea agreement and colloquy reflected that the defendant agreed to thirty percent release eligibility in contravention of statute);Mitchell Tarver v. State, No. W2002-01662-CCA-R3-CO, 2003 Tenn. Crim. App. LEXIS 915 (Tenn.Crim.App., at Jackson, Oct. 21, 2003) (plea agreement included provision that the defendant would be eligible for release after serving thirty percent of his sentence for child rape); Mark L. Grimes v. Fred Rainey, Warden, No. W2002-01583-CCA-R3-CO, 2003 Tenn. Crim. App. LEXIS 688 (Tenn.Crim.App., at Jackson, Aug. 5, 2003) (plea agreement included thirty percent release eligibility for sentences stemming from multiple rape convictions); Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 Tenn. Crim. App. LEXIS 686 (Tenn.Crim.App., at Nashville, Aug. 30, 2001) (plea agreement and colloquy reflect that the child rape sentences were to be served at thirty percent release eligibility). In contrast to the cases cited in the petitioner's brief, in the present case, the petitioner was appointed counsel, and a status hearing was scheduled by the habeas court to hear the merits of the petition before it was ultimately denied.

  4. Coleman v. Morgan

    159 S.W.3d 887 (Tenn. Crim. App. 2004)   Cited 20 times
    Concluding that Rule 36 did not apply where transcript of defendant's guilty plea hearing indicated that illegal sentence reflected on judgment document was sentence actually imposed

    Mark L. Grimes, slip op. at 4; see also Mitchell Tarver v. State, No. W2002-01662-CCA-R3-CO, 2003 WL 22446774 (Tenn.Crim.App., Jackson, Oct. 21, 2003) (holding similarly to Mark L. Grimes). In Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 WL 1006050 (Tenn.Crim.App., Nashville, Aug. 30, 2001), this court in a post-conviction appeal sua sponte ordered relief from child rape sentences adjudged to be illegal because the provisions for a 30-percent release eligibility were "in contravention of [Code section 39-13-523]." Lloyd Paul Hill, slip op. at 6-7.

  5. Cathey v. State

    No. W2003-00411-CCA-R3-CO (Tenn. Crim. App. Jul. 28, 2004)   Cited 5 times

    Mark L. Grimes, slip op. at 4; see also Mitchell Tarver v. State, No. W2002-01662-CCA-R3-CO (Tenn. Crim. App., Jackson, Oct. 21, 2003) (holding similarly to Mark L. Grimes). In Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC (Tenn. Crim. App., Nashville, Aug. 30, 2001), this court in a post-conviction appeal sua sponte ordered relief from child rape sentences adjudged to be illegal because the provisions for a 30-percent release eligibility were "in contravention of [Code section 39-13-523]." Lloyd Paul Hill, slip op. at 5-7.

  6. Tarver v. State

    No. W2002-01662-CCA-R3-CO (Tenn. Crim. App. Oct. 21, 2003)   Cited 3 times

    Accordingly, section 39-13-523, whose effective date is July 1, 2002, required the defendant to serve his sentence for child rape in its entirety. This Court has previously held that plea agreements allowing the defendant to serve an illegal sentence are void.See Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 WL 1006050, at *5 (Tenn.Crim.App. at Nashville, Aug. 30, 2001). The peculiar problem in this case is that there are two conflicting judgment forms.

  7. Grimes v. Rainey

    No. W2002-01583-CCA-R3-CO (Tenn. Crim. App. Aug. 5, 2003)   Cited 7 times
    In Mark L. Grimes v. Fred Rainey, No. W2002-01583-CCA-R3-CO, 2003 WL 21878530 (Tenn.Crim.App., Jackson, Aug. 5, 2003), this court reversed the summary denial of habeas corpus relief upon finding that Grimes's 30-percent release eligibility for multiple rapes was "in direct contravention with Tennessee Code Annotated section 39-13-523, which mandates service of such sentences at 100 [percent]."

    This Court has previously held that plea bargains such as the one the petitioner describes are illegal and void. See Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 WL 1006050, at *5 (Tenn.Crim.App. at Nashville, Aug. 30, 2001). Therefore, in accordance with McLaney v. Bell, 59 S.W.3d at 94-95, we remand this case to the Lake County Circuit Court for the appointment of counsel and a hearing on the validity of the petitioner's sentences.

  8. State v. Mills

    No. M2000-01065-CCA-R3-CD (Tenn. Crim. App. Oct. 17, 2001)   Cited 5 times

    As the statute mandates that a child rapist must serve one hundred percent (100%) of his sentence with no potential sentence reduction, we instruct the trial court on remand to correct this error in the judgment. See Lloyd Paul Hill v. State, No. M2000-01428-CCA-R3-PC, 2001 WL 1006050, at **4-5, (Tenn.Crim.App. at Nashville, August 30, 2001); State v. Delbert Lee Harris, No. M1999-01239-CCA-R3-CD, 2000 WL 804669, at *3 (Tenn.Crim.App. at Nashville, June 23, 2000). The State also argues that the trial court erred in failing to consider the statutorily mandated enhancement factor set forth in Tenn. Code Ann. ยง 39-13-522(c) in sentencing the defendant for the rape of a child conviction.