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Posted by: Chandra Williams on Dec 15, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

James O. Martin III, Nashville, Tennessee (at Rule 36.1 hearing); and Manuel B. Russ, Nashville, Tennessee (on appeal), for the appellant, Beau C. Vaughan.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; and Brent A. Cooper, District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Appellant, Beau C. Vaughan, appeals as of right from the Maury County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends (1) that the trial court erred in ruling that his sentence for a felony conviction which occurred while he was released on bond for another offense was not statutorily required to be served consecutively to the sentence for the underlying offense because the underlying offense was a misdemeanor; and (2) that the trial court erred by ruling, in the alternative, that Rule 36.1 was not applicable because the convictions occurred before Rule 36.1 was enacted in 2013. The State concedes that the trial court erred with respect to both of the Appellant’s issues. However, contrary to the State’s concession,1 the Appellant’s sentence expired long ago;; therefore, his motion failed to state a colorable claim for relief. As such, we affirm the trial court’s denial of the Appellant’s Rule 36.1 motion.