Cantrell v. Easterling
Annotate this CaseDefendant was convicted of, inter alia, four counts of aggravated rape. The trial court sentenced Defendant to forty years on each of the aggravated rape convictions and structured service of the sentences to result in an effective term of eighty years. The judgment orders designated Defendant a "Multiple 35% Range 2" offender but did not designate Defendant as a "Multiple Rapist." The court of criminal appeals affirmed Defendant's convictions and sentence. Defendant then filed a pro se petition for writ of habeas corpus on the basis that the trial court did not have authority to sentence him as a "Multiple 35% Range 2" offender. The habeas corpus court denied relief. The court of criminal appeals affirmed. The Supreme Court granted habeas corpus relief, holding that Defendant's four sentences for his four aggravated rape convictions were illegal because each of the judgment orders indicated that Defendant was eligible for early release on parole (by the designation "Multiple 35% Range 2" offender) instead of indicating that he must serve his entire sentence (by the designation "Multiple Rapist") in direct contravention of Tenn. Code Ann. 39-13-523. Remanded for the entry of amended judgment orders reflecting Defendant's status as a "Multiple Rapist."
Court Description: We granted this appeal to determine if the defendant s four sentences for aggravated rape are illegal because each of the four uniform judgment documents designates the defendant as a Multiple 35% Range 2 offender and does not designate the defendant as a Multiple Rapist. Because the four uniform judgment documents indicate that the defendant is eligible for early release on parole, which is in direct contravention of a statutory provision, we hold that the four sentences are illegal and void. The defendant s underlying convictions of aggravated rape, which arose from a jury verdict before a court of competent jurisdiction, remain intact. We remand this matter to the sentencing court for the entry of four amended judgment orders, each to set forth the legal sentence on each of the defendant s four convictions of aggravated rape, including the designation that the defendant is a Multiple Rapist.
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