Turner v. State

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
JUNE 1997 SESSION July 21, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
DONALD RAY TURNER, )
) C.C.A. NO. 03C01-9605-CC-00205
Appellant, )
) JOHNSON COUNTY
VS. )
) HON. LYNN W. BROWN,
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Habeas Corpus)
FOR THE APPELLANT: FOR THE APPELLEE:
DONALD RAY TURNER, pro se JOHN KNOX WALKUP
Inmate # 150280, unit 10-233 Attorney General & Reporter
P.O. Box 5000
Northeast Correctional Center ELIZABETH T. RYAN
Mountain City, TN 37683 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
DAVID CROCKETT
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
OPINION FILED:____________________
AFFIRMED: RULE 20 ORDER
JOHN H. PEAY,
Judge
ORDER
On January 25, 1991, the petitioner pled guilty to numerous forgery
charges. He filed a petition for writ of habeas corpus on February 22, 1996. This petition
was dismissed on April 1, 1996. It is from this dismissal that he now appeals. Upon
review of the record in this cause, we conclude that this is an appropriate case for
affirmance under Rule 20.
In his petition for habeas corpus, the petitioner alleged that his guilty plea
was unconstitutional because his defense counsel was ineffective and because another
person, the defendant’s nephew, had actually committed the crimes in question.
The trial court correctly dismissed the petition on the grounds that habeas
corpus relief is available in Tennessee only when it appears on the face of the judgment
or record that the trial court was without jurisdiction to convict or sentence the petitioner,
or that the sentence of imprisonment has expired. See Archer v. State, 851 S.W.2d 157,
164 (Tenn. 1993). Moreover, “[i]f the court rendering a judgment has jurisdiction of the
person, the subject-matter, and has the authority to make the challenged judgment, the
judgment is voidable, not void; and the judgment may not be collaterally attacked in a suit
for habeas corpus relief.” Passarella v. State, 891 S.W.2d 619, 627 (Tenn. Crim. App.
1994). The petitioner’s allegations, if proven, would render his conviction voidable rather
than void. Thus, the trial court properly dismissed the petition for writ of habeas corpus.
The judgment of the trial court is affirmed under Rule 20 of the Tennessee
Court of Criminal Appeals. This cause is remanded to the Circuit Court of Johnson
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County for execution of the judgment of that court. It appearing that the petitioner is
indigent, costs of the appeal will be paid by the State, for which let execution issue.
_________________________________
JOHN H. PEAY, Judge
CONCUR:
______________________________
JOSEPH M. TIPTON, Judge
______________________________
J. CURWOOD WITT, JR., Judge
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