All Content

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Head Comment: Correction published Jan. 29. Originally published May 1, 2015.

Court: TN Court of Criminal Appeals

Attorneys 1:

M. Matthew Milligan, for the Petitioner, Brian Roberson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Kim Helper, District Attorney General; and Sean B. Duddy, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Petitioner, Brian Roberson, appeals the Williamson County Circuit Court?s denial of his petition for writ of habeas corpus. The Petitioner previously entered guilty pleas to two counts of sale of cocaine (counts 1 and 3) and possession of cocaine (count 5). On appeal, he argues that he is entitled to withdraw his guilty pleas because the illegal sentences in counts 1 and 3 were a material, bargained-for element of his plea agreement. Upon review, we affirm the judgment of the habeas corpus court. However, we remand this matter to the original court of conviction for entry of corrected judgments consistent with this opinion.