The opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs October 14, 2015
STATE OF TENNESSEE v. RONALD BENNETT
Appeal from the Circuit Court for Hamilton County
Nos. 182619, 182621, 182672, 182674, 182676, 182678, 182680, 182682, 182683,
182684, 182685, 182686 Rebecca J. Stern, Judge
No. E2015-00510-CCA-R3-CD – Filed December 14, 2015
JAMES CURWOOD WITT, JR., J., concurring.
I concur in the majority opinion in this case but write separately to pose the
question: How may the term “at any time” mean one thing in the text of Tennessee Rule of
Criminal Procedure 36 and yet mean an entirely different thing in the text of Rule 36.1?
Compare State v. Adrian R. Brown, ___ S.W.3d ___, ___, No. E2014-00673-SC-R11-CD,
slip op. at 12-13 (Tenn. Dec. 2, 2015) (construing the term “at any time” in Rule 36.1 and
holding that a Rule 36.1 motion may not be used to attack an expired sentence) with State v.
James D. Wooden, ___ S.W.3d ___, ___, No. E2014-01069-SC-R11-CD, slip op. at 11
(Tenn. Dec. 2, 2015) (referencing the use in Rule 36 of the term “at any time” with respect to
the correction of clerical errors). In the present case, the court utilizes Rule 36 to correct
errors in judgments that imposed sentences which have expired.
JAMES CURWOOD WITT, JR.