Fred Bowen v. Billy Compton ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
FRED J. BOWEN, )
)
Petitioner, ) C. C. A. NO. 02C01-9701-CC-00016
)
vs. ) LAKE COUNTY
)
BILLY COMPTON, WARDEN, ) No. 96-7506
Respondent.
)
)
FILED
April 17, 1997
ORDER Cecil Crowson, Jr.
Appellate C ourt Clerk
This matter is before the Court upon the state’s motion to dismiss the
above-captioned appeal. The petitioner filed a petition for writ of habeas corpus in the
trial court claiming that his sentence has expired due to the miscalculation of certain
sentencing credits. The petitioner was originally convicted of first degree murder and
sentenced to death in 1970, but his sentence was subsequently commuted to ninety-
nine years. The trial court denied the petition. The petitioner timely filed notice of
appeal, and both the record and petitioner’s brief have already been filed with this
Court.
In its motion, the state argues that the trial court properly denied relief in
this case because it does not appear from the face of the judgment or record that the
petitioner’s sentence has expired. See Archer v. State, 851 S.W.2d 157, 164 (Tenn.
1993). The state further contends that the issue raised by the petitioner is not a proper
consideration for habeas corpus relief, but rather must be challenged under the Uniform
Administrative Procedures Act. We agree. See Brigham v. Lack, 755 S.W.2d 469, 471
(Tenn. Crim. App.), perm. to appeal denied, (Tenn. 1988); State v. Warren, 740 S.W.2d
427, 428 (Tenn. Crim. App. 1986), perm. to appeal denied, (Tenn. 1987).
Accordingly, finding no error of law mandating reversal, it is hereby
ORDERED that the judgment of the trial court is affirmed in accordance with Rule 20,
Rules of the Court of Criminal Appeals. It is FURTHER ORDERED that counsel’s
motion to withdraw from further representation of the petitioner is denied. This order,
however, does not preclude counsel from filing a motion pursuant to Rule 14, Rules of
the Supreme Court.
Enter, this the ___ day of April, 1997.
_____________________________
PAUL G. SUMMERS, JUDGE
_____________________________
JOE B. JONES, PRESIDING JUDGE
_____________________________
DAVID G. HAYES, JUDGE
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