STATE OF TENNESSEE v. KEVIN LYNN MONTGOMERY - Articles

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Posted by: Chandra Williams on Dec 7, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Mitchell T. Harper, Knoxville, Tennessee, for the appellant, Kevin Lynn Montgomery.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Charme P. Allen, District Attorney General; and Jason Lee Hunnicutt, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Kevin Lynn Montgomery, pleaded guilty to two counts of sexual battery and received an effective four-year sentence. More than five years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence or permit him to withdraw his guilty pleas because lifetime community supervision was not authorized by statute. The trial court denied the motion after an evidentiary hearing. On appeal, he contends that the trial court erred in denying his motion. We affirm the judgment of the trial court.

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