Opinion

State of Tennessee v. Tareaun Griffin

Court
Court of Criminal Appeals of Tennessee
Filed
Sep 3, 2020
Status
Published
On the bench
Judge Timothy L. Easter
Cited by
0 cases
Authority
More cited than 12.6%

The opinion

09/03/2020

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

STATE OF TENNESSEE v. TAREAUN GRIFFIN

Appeal from the Criminal Court for Davidson County

No. 2003-B-1279 Cheryl A. Blackburn, Judge

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No. M2019-02102-CCA-R3-CD

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Defendant, Tareaun Griffin, is appealing the trial court’s denial of his motion to correct

an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has

filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20.

Said motion is hereby granted.

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

Court Affirmed Pursuant to Rule 20, Rules of the Court of Criminal

Appeals

TIMOTHY L. EASTER, J., delivered the opinion of the Court, in which ROBERT W.

WEDEMEYER and ROBERT L. HOLLOWAY, JR., JJ. joined.

Tareaun Griffin, Only, Tennessee, Pro Se

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior

Assistant Attorney General; Glenn R. Funk, District Attorney General; and Megan King,

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

MEMORADUM OPINION

Defendant was convicted by a Davidson County Criminal Court jury of especially

aggravated robbery and attempted second degree murder following the armed robbery of

a discount tobacco store in 2002. The trial court sentenced Defendant to twenty years for

the especially aggravated robbery conviction and to eleven years for the attempted second

degree murder conviction. The sentences were ordered to be served consecutively for an

effective sentence of thirty-one years. Subsequently, Defendant pled guilty to an

additional fifteen counts of aggravated robbery and received concurrent ten-year

sentences for fourteen of the counts and a consecutive sentence of ten years for one

count. Defendant’s effective sentence for all counts was fifty-one years. This Court

affirmed the sentences on direct appeal. State v. Bobby W. Jenkins and Tareaun D.

Griffin, No. M2005-00593-CCA-R3-CD, 2006 WL 618303, at *1 (Tenn. Crim. App.

Mar. 13, 2006), perm. app. denied (Tenn. Aug. 28, 2006). Defendant also pursued post-

conviction relief which the post-conviction court denied and this Court affirmed.

Tareaun D. Griffin v. State, No. M2008-01681-CCA-R3-PC, 2009 WL 3711980, at *1

(Tenn. Crim. App. Nov. 6, 2009), perm. app. denied (Tenn. Apr. 14, 2010).

On October 18, 2018, Defendant filed a motion to correct an illegal sentence

alleging that the trial court erred by enhancing his sentence above the minimum and by

finding factors necessary to impose consecutive sentencing. The trial court denied the

motion concluding that Defendant failed to allege a cognizable claim. The trial court

stated that “[a]s the Defendant’[s] sentence is not in contravention to the Sentencing Act,

he has not raised a colorable claim pursuant to Rule 36.1.” Defendant timely appealed.

Rule 36.1 permits a defendant to seek correction of an unexpired illegal sentence

at any time. See State v. Brown, 479 S.W.3d 200, 211 (Tenn. 2015). “[A]n illegal

sentence is one that is not authorized by the applicable statutes or that directly

contravenes an applicable statute.” Tenn. R. Crim. P. 36.1(a). Our supreme court has

interpreted the meaning of “illegal sentence” as defined in Rule 36.1 and concluded that

the definition “is coextensive, and not broader than, the definition of the term in the

habeas corpus context.” State v. Wooden, 478 S.W.3d 585, 594-95 (Tenn. 2015). The

court then reviewed the three categories of sentencing errors: clerical errors (those arising

from a clerical mistake in the judgment sheet), appealable errors (those for which the

Sentencing Act specifically provides a right of direct appeal), and fatal errors (those so

profound as to render a sentence illegal and void). Id. Commenting on appealable errors,

the court stated that those “generally involve attacks on the correctness of the

methodology by which a trial court imposed sentence.” Id. In contrast, fatal errors

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. The

court held that only fatal errors render sentences illegal. Id.

Defendant did not allege that he received a sentence for which he was not eligible.

Defendant instead argued that the trial court erred by enhancing the length of this

sentence within the appropriate range and by finding the necessary factors to order

consecutive sentencing. These allegations, even if true, would be appealable errors and

not render the sentence illegal. See Wooden, 478 S.W.3d 594-95. Further, Defendant

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challenged the imposition of consecutive sentences in his direct appeal. See Bobby W.

Jenkins and Tareaun D. Griffin, 2006 WL 618303, at*10-11. Defendant failed to allege

an error that is cognizable for relief pursuant to Rule 36.1. Therefore, the trial court

properly denied Defendant’s motion to correct an illegal sentence.

Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee provides that

if a judgment is rendered by the trial court without a jury, the judgment is not a

determination of guilt, the evidence does not preponderate against the finding of the trial

court, and no error of law requiring a reversal of the judgment is apparent on the record,

then the judgment of the trial court may be affirmed by memorandum opinion when the

opinion would have no precedential value. We determine that this case meets the criteria

of Rule 20. Accordingly, the ruling of the trial court is hereby affirmed in accordance

with Court of Criminal Appeals Rule 20.

____________________________

TIMOTHY L. EASTER, 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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