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Posted by: Tanja Trezise on Jan 23, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Tony Hoover, Tiptonville, Tennessee Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Rachel E. Willis, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Pro se petitioner, Tony Hoover, appeals the Lake County Circuit Court’s denial of his petition for writ of habeas corpus. The petitioner entered a plea of nolo contendere to two counts of rape and two counts of incest, and he received an effective sentence of twenty-one years in the Tennessee Department of Correction. On appeal, the Petitioner argues that the judgments were illegal because they did not impose mandatory lifetime community supervision or a sex offender surcharge. Because the Petitioner’s judgments do not reflect the statutory requirement of mandatory lifetime community supervision, we conclude that the judgments for rape are illegal and void. We vacate the Petitioner’s sentences for rape only and remand to the habeas court for an evidentiary hearing to determine whether the illegal sentence was a bargained for element of the Petitioner’s plea agreement. In all other respects, the judgment of the habeas corpus court is affirmed.