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Posted by: Chandra Williams on Oct 30, 2015

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Yuell Frank Reeves, Memphis, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; and William H. Cox, III, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

Yuell Frank Reeves (“the Defendant”) appeals the Hamilton County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. In September 1990, the Defendant was sentenced to four years for burglary, an offense which the Defendant committed in May 1990 (“the May offense”). In November 1990, the Defendant pleaded guilty to two additional burglaries committed in June and July 1990 (“the June/July offenses”) and received an effective four-year sentence which was ordered to run concurrently with the four-year sentence for the May offense. Approximately twenty-four years later, the Defendant filed a Rule 36.1 motion seeking to set aside his plea alleging he was released on bail for the May offense when he committed the June/July offenses. The Defendant asserts that the trial court erred by summarily dismissing his motion, and the State concedes that the case should be remanded for a hearing. Upon review, we affirm the judgment of the trial court summarily dismissing the Rule 36.1 motion as to the May offense and reverse the judgment summarily dismissing the motion as to the June/July offenses and remand for further proceedings consistent with this opinion.