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Posted by: Chandra Williams on Oct 20, 2015

Head Comment: Correction: The line listing the Judges on the panel should have also said "Robert H. Montgomery, Jr., J., not participating."

Court: TN Court of Criminal Appeals

Attorneys 1:

Daniel H. Jones, Only, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Kent Chitwood, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Daniel H. Jones, is currently serving an effective sentence of thirty-one years for a multitude of convictions. In October 2014, Defendant filed a motion under Tennessee Rule of Criminal Procedure 36.1, alleging that his aggregate sentence is illegal because it exceeds the maximum sentence for a Range I offender convicted of a Class B felony. The trial court summarily dismissed the motion, finding that Defendant had failed to state a colorable claim. Upon our thorough review of the record, we determine that Defendant has not presented a colorable claim for relief. Therefore, we affirm the decision of the trial court in full.