State of Tennessee v. Lamar Fletcher ( 1999 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
LAMAR FLETCHER, )
)
Petitioner, ) C. C. A. NO. 02C01-9902-CC-00046
)
vs. ) LAUDERDALE COUNTY
)
STATE OF TENNESSEE, ) No. 5138
Respondent.
)
)
FILED
July 7, 1999
ORDER Cecil Crowson, Jr.
Appellate Court Clerk
This matter is before the Court upon motion of the state to affirm the
judgment of the trial court by order rather than formal opinion. See Rule 20, Rules of
the Court of Criminal Appeals. This case represents an appeal from the trial court’s
dismissal of the petitioner’s petition for writ of habeas corpus. The petitioner is currently
serving a life sentence, having been found to be an habitual criminal in 1985. In his
present petition, the petitioner claims that his conviction is void because his trial
attorney worked as a Public Defender and Assistant District Attorney at the same time.
The trial court found that the petitioner was not entitled to habeas corpus relief and
dismissed the petition.
Habeas corpus relief is available in Tennessee only when “it
appears upon the face of the judgment or the record of the
proceedings upon which the judgment is rendered” that a
convicting court was without jurisdiction or authority to
sentence a defendant, or that a defendant’s sentence of
imprisonment or other restraint has expired.
Archer v. State, 851 S.W.2d 157, 164 (Tenn. 1993) (emphasis added). The petitioner’s
sentence has not expired. The petitioner does not allege the trial court lacked
jurisdiction. The petitioner’s claim, if meritorious, would merely make the judgment
voidable, not void. See Passarella v. State, 891 S.W.2d 619 (Tenn. Crim. App. 1994).
Accordingly, the trial court properly determined the petitioner is not entitled to relief in
this instance. Moreover, this issue has previously been decided against petitioner in a
prior post-conviction proceeding. See Fletcher v. State, No. 02C01-9409-CR-00188
(Tenn. Crim. App. 1995).
For the reasons stated above, it is hereby ORDERED that the state’s
motion is granted and the judgment of the trial court is affirmed in accordance with Rule
20, Rules of the Court of Criminal Appeals. Costs of this appeal shall be taxed to the
state.
______________________________
JOE G. RILEY, JUDGE
______________________________
DAVID G. HAYES, JUDGE
______________________________
JOHN EVERETT WILLIAMS, JUDGE
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