STATE OF TENNESSEE v. PERVIS TYRONE PAYNE - Articles

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STATE OF TENNESSEE v. PERVIS TYRONE PAYNE

Posted by: Tanja Trezise on Aug 30, 2023

Court: TN Court of Criminal Appeals

Attorneys 1: Jonathan Skrmetti, Attorney General and Reporter; Andrée Sophia Blumstein, Solicitor General; Andrew C. Coulam, Senior Assistant Attorney General; Amy P. Weirich, District Attorney General; and Steve Jones, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2: Kelley J. Henry, Amy D. Harwell, and Ashley W. Thompson, Federal Public Defenders, Nashville, Tennessee, for the appellee, Pervis Tyrone Payne.

Judge(s): MONTGOMERY

In this case of first impression, the State appeals the trial court’s sentencing hearing order that the Defendant’s two life sentences be served concurrently after he was determined to be ineligible for the death penalty due to intellectual disability pursuant to Tennessee Code Annotated section 39-13-203(g) (Supp. 2021) (subsequently amended). The State argues that the consecutive alignment of the Defendant’s original sentences remained final and that the trial court lacked jurisdiction to consider manner of service. The Defendant responds that the trial court had jurisdiction to sentence him, including determining the manner of service of his sentences, and did not abuse its discretion in imposing concurrent life sentences. After considering the arguments of the parties, the rules of statutory construction, and other applicable legal authority, we conclude that the trial court properly acted within its discretion in conducting a hearing to determine the manner of service of the Defendant’s life sentences. Accordingly, the judgments of the trial court are affirmed.

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