Charles Scruggs vs. State

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JULY SESSION, 1999 CHARLES SCRUGGS, Appe llant, VS. STATE OF TENNESSEE, Appellee. FILED July 23, 1999 ) ) ) ) ) ) ) ) ) ) Cecil W. Crowson Appellate Court Clerk C.C.A. NO. 01C01-9903-CC-00079 WILLIAMSON COUNTY HON. CORNELIA A. CLARK JUDGE (Post-Conviction) FOR THE APPELLANT: FOR THE APPELLEE: CHARLES SCRUGGS Pro Se CCA, P. O. Box 279 Clifton, TN 38425 PAUL G. SUMMERS Attorney General & Reporter CLINTON J. MORGAN Coun sel for the S tate 425 Fifth Avenu e North Nashville, TN 37243-0493 JOE D. BAUGH, JR. District Attorney General RON DAV IS Assistant District Attorney P. O. Box 937 Franklin, TN 37065-0937 ORDER FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L. SMITH, JUDGE ORDER The appellant, Charles Scruggs, appeals the order of the Williamson County Circuit Court denying his Motion to Correct an Illegal Judgment and Senten ce. The appellant is presently serving a life sentence for the homicide of Rosie Lee H unter co mm itted on Ja nuary 10 , 1982. H e claims that he was illegally senten ced to a life sentence for second degree murder under the 1982 Sentencing Act. The trial court denied the appellant s motion, finding that because he was convicted of first degree felony murder, not second degree murder, a senten ce of life imp risonm ent is prope r. W e affirm pursu ant to R ule 20 of the Tennessee Court of Criminal Appeals. In 1982, the appellan t and two co-defendants were indicted for one (1) count of prem editated first degree murder, one (1) count of first degree felony murder in the perpetration of a robbery, and one (1) coun t of robbery accomplished by the use of a deadly weapon. The jury found the appellant and his co-defend ants gu ilty of felony m urder as alleged in Coun t Two o f the indictme nt. Their convictions were affirmed by this Court on appeal. State v. Charles Allen, Jr., E arl Haynes and Charles Scruggs, C.C.A. N o. 83-22 5-III, Williams on Coun ty (Tenn. Crim . App. filed May 2, 19 85). Because the state did n ot seek th e death penalty in th is case, a sentence of life imp risonm ent wa s ma ndato ry upo n the ju ry s verdict of guilt for first degree felony murde r. See Tenn. Code Ann. ยงยง 39-2402(b) (Supp. 1981), 39-2-202(b) (1982). Ther efore, th e app ellant s sentence is not illegal, and the trial cou rt properly denied the motion to correct the judgment and sentence. IT IS, THEREFORE, ORDERED that the judgment of the trial court be affirmed pursuant to T ennesse e Court of Criminal Appeals Rule 20. Costs of the -2- appeal will be paid by the State of Tennes see, as it appea rs that the appe llant is indigent. ____________________________________ JERRY L. SMITH, JUDGE CONCUR: ___________________________________ THOMAS T. WOODALL, JUDGE ___________________________________ NORMA MCGEE OGLE, JUDGE -3-

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