Opinion

Charles Shelton v. State of Tennessee

Court
Court of Criminal Appeals of Tennessee
Filed
Aug 24, 2001
Status
Published
On the bench
Judge Jerry Smith
Cited by
0 cases
Authority
More cited than 30.1%

The opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

Assigned on Briefs April 25, 2001

CHARLES SHELTON v. HOWARD CARLTON, WARDEN

Post-Conviction Appeal from the Criminal Court for Johnson County

No. 3601 Lynn W. Brown, Judge

No. E2000-02805-CCA-R3-PC

August 24, 2001

The appellant, Charles Shelton, appeals the dismissal of his habeas corpus petition by the Johnson

County, Tennessee, Criminal Court.1 Following a review of the petition and the record herein we

find that the judgment of the trial court should be AFFIRMED.

Tenn. R. App. P. 3; Judgment of the Trial Court is Affirmed.

JERRY L. SMITH, J., delivered the opinion of the court, in which GARY R. WADE, P.J., and THOMAS

T. WOODALL , J., joined.

Charles Shelton, pro se, Mountain City, Tennessee.

Paul G. Summers, Attorney General & Reporter; Glen C. Watson, Assistant Attorney General; Joe

Crumley, District Attorney General, for the appellee, State of Tennessee.

OPINION

Background

This is an appeal from the dismissal in the trial court of the appellant’s Petition for the Writ

of Habeas Corpus. The petition was dismissed for failure to state any cognizable claim for relief in

a habeas corpus action. The petition alleges three grounds for relief; specifically:

1. That the trial court lacked jurisdiction to sentence the appellant;

2. That the indictments against him were fatally flawed; and

1

Although the subject o f this petition is a jud gment of the G reene Co unty Criminal Court, it appears this petition

was filed in Johnso n County b ecause it is close st to the appe llant’s place of co nfinement. See Tenn. Code Ann. § 29-21-

105.

3. That his sentence has expired as a matter of law.

The appellant was convicted in 1987 of two (2) counts of aggravated sexual battery and one

(1) count of crime against nature. He received sentences totaling fifty-two (52) years. In May, 1997,

the appellant filed a post-conviction petition which was summarily dismissed. On appeal this Court

affirmed that dismissal. Charles Shelton v. State, Greene Co. No. 03C01-9707-CR-00236 (Tenn.

Crim. App. filed March 24, 1998, at Knoxville). On August 15, 2000, the appellant filed the instant

petition which the trial court dismissed on October 26, 2000.

Unlike a petition for post-conviction relief, the purpose of a habeas corpus petition is to

contest void as opposed to voidable judgments. Archer v. State, 851 S.W.2d 157, 163 (Tenn. 1993).

Habeas relief is available only when it appears on the face of the judgment or record of the

proceedings upon which the judgment was rendered either that the convicting court was without

jurisdiction or authority to sentence the defendant, or that the defendant’s sentence has expired.

With respect to the appellant’s claim that the trial court lacked jurisdiction to sentence him,

it appears from the record that each count of the indictment against the appellant charges him with

having committed the offenses in Greene County, Tennessee. He was convicted and sentenced in

the Greene County Criminal Court. Moreover, the appellant entered guilty pleas to the offenses with

which he was charged thereby waiving any claim of improper venue. See Ellis v. Carlton, 986

S.W.2d 600 (Tenn. Crim. App. 1998). This issue is clearly without merit.

Secondly, appellant claims that the absence in the indictment of specific dates on which the

offenses were alleged to have occurred renders the indictments void. However, the law in Tennessee

is quite clear that the exact date, or even year, of an offense need not be alleged in an indictment

unless the date or time is a material ingredient in the offense. Tenn. Code Ann. § 40-13-207 (1991);

State v. Byrd, 820 S.W.2d 739, 740 (Tenn. 1991). The crimes for which the appellant was convicted

do not have specific dates or times as material ingredients. See State v. West, 787 S.W.2d 790-793

(Tenn. Crim. App. 1987). This issue is likewise without merit.

Finally, the appellant’s claim that his sentence has expired requires the courts to engage in

calculation of sentence reduction credits, the calculation of sentence expiration dates, and the

calculation of the parole eligibility, etc. These issues are not cognizable in a habeas corpus

proceeding. State v. Warren, 740 S.W.2d 425, 428 (Tenn. Crim. App. 1986). It is also apparent that

fifty-two (52) years have not elapsed since the commission of the offenses in question in 1987. This

issue is also without merit.

Accordingly, the judgment of the lower court dismissing the habeas corpus petition is

AFFIRMED.

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____________________________________

JERRY L. SMITH, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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