Opinion

State of Tennessee v. Byron Becton

Court
Court of Criminal Appeals of Tennessee
Filed
Mar 2, 2026
Status
Published
Author
Judge Matthew J. Wilson
On the bench
Judge Matthew J. Wilson
Cited by
0 cases
Authority
More cited than 39.0%

The opinion

03/02/2026

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs February 3, 2026

STATE OF TENNESSEE v. BYRON BECTON

Appeal from the Criminal Court for Shelby County

No. 10-04987 Jennifer Johnson Mitchell, Judge

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No. W2025-00846-CCA-R3-CD

___________________________________

Defendant, Byron Becton, appeals the summary dismissal of his motion to correct an illegal

sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm

the judgment of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

MATTHEW J. WILSON, J., delivered the opinion of the court, in which KYLE A. HIXSON and

STEVEN W. SWORD, JJ., joined.

Byron Becton, Tiptonville, Tennessee, Pro Se.

Jonathan Skrmetti, Attorney General and Reporter; Park Huff, Assistant Attorney General;

Steven J. Mulroy, District Attorney General; and Jen Morris, Assistant District Attorney

General, for the appellee, State of Tennessee.

OPINION

Factual and Procedural Background

Following a 2011 jury trial, Defendant was convicted of six counts of aggravated

rape involving three acts of penetration against the same victim, which occurred on

December 16, 2009. See State v. Becton, No. W2011-02565-CCA-R3-CD, 2013 WL

967755, at *1, *19 (Tenn. Crim. App. Mar. 11, 2013). Defendant was convicted on counts

one, two, and three of aggravated rape through force or coercion with a weapon and on

counts four, five, and six of aggravated rape involving bodily injury. Id. at *1, *17. The

trial court sentenced Defendant as a Range II, multiple offender to forty years on count one

and to twenty-five years on each of the remaining counts. Id. at *17. The trial court ordered

the sentences for counts one and three to run consecutively to each other and concurrently

with the remaining counts, for an effective sentence of sixty-five years at 100 percent

service. Id. The trial court merged count four into count one, count five into count two,

and count six into count three, resulting in three separate aggravated rape convictions. Id.

This court affirmed Defendant’s convictions on direct appeal. See id. at *1.

Defendant subsequently sought post-conviction relief, and the post-conviction court

denied Defendant’s petition following a hearing. See Becton v. State, No. W2014-00993-

CCA-R3-PC, 2015 WL 3867758, at *1 (Tenn. Crim. App. June 23, 2015). This court

affirmed the denial of post-conviction relief on appeal. Id.

On December 14, 2022, Defendant filed a pro se motion to correct an illegal

sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He maintained that his

multiple convictions for aggravated rape violated his constitutional protections against

double jeopardy. On May 23, 2025, the trial court entered an order finding that Defendant

failed to allege a colorable claim for relief and summarily dismissing Defendant’s motion.

Defendant subsequently filed a timely notice of appeal.

Analysis

On appeal, Defendant contends that the trial court erred in finding that he failed to

allege a colorable claim for relief under Rule 36.1. He maintains that his multiple

convictions for aggravated rape violate his constitutional protections against double

jeopardy. He also maintains that the trial court initially sentenced him to sixty-five years’

incarceration at thirty-five percent and then held another sentencing hearing in which the

court ordered him to serve his sentence at 100 percent, which he asserts resulted in an

illegal sentence. The State responds that the trial court properly denied Defendant’s

motion. We agree with the State.

Tennessee Rule of Criminal Procedure 36.1 provides “a mechanism for the

defendant or the State to seek to correct an illegal sentence.” State v. Brown, 479 S.W.3d

200, 208-09 (Tenn. 2015). An illegal sentence is defined as “one that is not authorized by

the applicable statutes or that directly contravenes an applicable statute.” Tenn. R. Crim.

P. 36.1(a)(2). If the motion states a colorable claim, the trial court shall appoint counsel if

the defendant is indigent and not represented by counsel and hold a hearing on the motion

unless the parties waive the hearing. Tenn. R. Crim. P. 36.1(b)(3).

A colorable claim under Rule 36.1 is a claim that, “if taken as true and viewed in a

light most favorable to the moving party, would entitle the moving party to relief under

Rule 36.1.” State v. Wooden, 478 S.W.3d 585, 593 (Tenn. 2015). However, “few

sentencing errors render [a sentence] illegal.” Id. at 595. Examples of illegal sentences

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include “sentences imposed pursuant to an inapplicable statutory scheme, sentences

designating release eligibility dates where early release is statutorily prohibited, sentences

that are ordered to be served concurrently where statutorily required to be served

consecutively, and sentences not authorized by any statute for the offenses.” Id. “[A]ttacks

on the correctness of the methodology by which a trial court imposed [a] sentence” do not

rise to the level of an illegal sentence. Id. Whether a motion states a colorable claim for

correction of an illegal sentence pursuant to Rule 36.1 is a question of law, which this court

reviews de novo. Id. at 589 (citing Summers v. State, 212 S.W.3d 251, 255 (Tenn. 2007)).

Although Defendant asserts that his multiple convictions for aggravated rape

violated his constitutional protections against double jeopardy and rendered his sentences

illegal, “[a] claimed violation of double jeopardy is an attack on the underlying conviction,

not an attack on the sentence.” State v. Tucker, No. M2024-00104-CCA-R3-CD, 2024 WL

4182674, at *5 (Tenn. Crim. App. Sept. 13, 2024) (citing State v. Taylor, No. M2017-

00302-CCA-R3-CD, 2018 WL 703098, at *2 (Tenn. Crim. App. Feb. 5, 2018)), perm. app.

dismissed (Tenn. Nov. 26, 2024). This court, therefore, has concluded that a double

jeopardy claim is not a colorable claim for relief pursuant to Rule 36.1. See id.; State v.

Bond, No. W2023-01725-CCA-R3-CD, 2024 WL 4164599, at *3 (Tenn. Crim. App. Sept.

12, 2024), no perm. app. filed; State v. Wiggins, No. W2024-00035-CCA-R3-CD, 2024

WL 3549205, at *2 (Tenn. Crim. App. July 26, 2024), no perm. app. filed; State v. Johnson,

No. M2023-01477-CCA-R3-CD, 2024 WL 2795847, at *1 (Tenn. Crim. App. May 31,

2024), perm. app. denied (Tenn. Dec. 10, 2024); State v. Langford, No. M2023-01244-

CCA-R3-CD, 2024 WL 1886503, at *2 (Tenn. Crim. App. Apr. 30, 2024).

Defendant challenges the trial court’s order requiring him to serve 100 percent of

his effective sentence in confinement for the first time on appeal. He has waived this issue

for failing to raise it in the trial court. See Tenn. R. App. P. 36(a) (“Nothing in this rule

shall be construed as requiring relief be granted to a party responsible for an error or who

failed to take whatever action was reasonably available to prevent or nullify the harmful

effect of an error.”); Johnson, 2024 WL 2795847, at *2 (concluding that the defendant

waived multiple claims on appeal of the denial of his Rule 36.1 motion by failing to raise

them in the trial court). Furthermore, a defendant convicted of aggravated rape “shall serve

one hundred percent (100%) of the sentence imposed by the court less sentence credits

earned and retained.” Tenn. Code Ann. § 40-35-501(i)(1)-(2) (2009). Accordingly, the

requirement that Defendant serve 100 percent of his effective sentence for his aggravated

rape convictions is not an illegal sentence.

We conclude that Defendant failed to state a colorable claim for relief in his Rule

36.1 motion. Accordingly, the trial court did not err in summarily denying Defendant’s

Rule 36.1 motion without a hearing or appointment of counsel.

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Conclusion

Based on the foregoing authorities and reasoning, we affirm the trial court’s

judgment.

s/ Matthew J. Wilson

MATTHEW J. WILSON, 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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