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Posted by: Tanja Trezise on Jul 22, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Antonio Wyatt, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Antonio Wyatt, filed a petition for writ of habeas corpus in the court wherein he was convicted. Upon motion of the State, the trial court dismissed the petition without an evidentiary hearing based upon Petitioner’s failure to show in the petition “that his judgments are either void or that his sentence has expired.” Petitioner timely filed a notice of appeal. Petitioner asserts the judgments are void because the trial court ordered Petitioner to serve the one-year portion of incarceration of a split confinement sentence “day for day 100%” and because the trial court refused to allow Petitioner statutorily mandated pre-trial jail credits. While some of the documents in the record presented by Petitioner indicate irregularities in the judgments which could lead to a determination that the sentencing portions are void, we conclude that Petitioner is not entitled to relief because he is no longer “restrained of his liberty” by the challenged convictions. We therefore affirm the judgment of the trial court.