Opinion
C.C.A. No. 03C01-9505-CR-00147.
January 26, 1996.
Appeal from HAWKINS COUNTY, HON. JAMES E. BECKNER, JUDGE.
ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF HAWKINS COUNTY
For the Appellant: SAMMY STARNES, pro se.
For the Appellee: CHARLES W. BURSON, Attorney General and Reporter, CHRISTINA S. SHEVALIER, Assistant Attorney General, C. BERKELEY BELL, District Attorney General, DOUG GODBEE, Assistant District Attorney.
AFFIRMED
OPINION
In this pro se appeal the appellant seeks reversal of the trial court's order dismissing his petition for the writ of habeas corpus filed pursuant to Tenn. Code Ann. § 29-21-101 to -130 (1980). In the petition the appellant challenges the denial by authorities of eight (8) months and forty-nine (49) days of sentence credits allegedly earned by the appellant while on work release. The appellant is currently serving a thirteen (13) year sentence for first degree burglary, grand larceny and escape. The habeas petition does not allege that the appellant's convictions are void or that his sentence has expired. For this reason the trial court dismissed the petition. We must affirm the trial court.
The law is clear that a habeas corpus petition filed in the courts of this state must contain allegations suggesting either that the petitioner's convictions are void or that his sentence has expired. Otherwise the petition is facially invalid and subject to summary dismissal. Archer v. State, 851 S.W.2d 157 (Tenn. 1993). Further, challenges by inmates to the denial of sentence reduction credits are generally inappropriate for habeas corpus proceedings. The Uniform Administrative Procedures Act, Tenn. Code Ann. § 4-5-101 to -324 (1991 Supp. 1995), is the proper vehicle for challenging a denial of sentence credits. Carroll v. Raney, 868 S.W.2d 721, 723 (Tenn.Crim.App. 1993).
Accordingly, the judgment of the trial court is affirmed.
____________________________________ JERRY L. SMITH, JUDGE
CONCUR:
___________________________________ DAVID G. HAYES, JUDGE
___________________________________ WILLIAM M. BARKER, JUDGE