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Posted by: Amelia Ferrell Knisely on Feb 9, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen Bush, District Public Defender; Phyllis Aluko (on appeal) and Trent Hall (at hearing), Assistant Public Defenders, for the appellant, Deangelo T. Collins.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Amy P. Weirich, District Attorney General; and Greg Gilbert, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

In 2000, the defendant pled guilty to aggravated robbery and, apparently, a lesserincluded offense of possession with intent to sell less than one-half gram of cocaine, receiving concurrent sentences of eight years and three years. In 2014, apparently now in federal custody, he filed a Tennessee Rule of Criminal Procedure 36.1 motion, claiming that the second offense was committed while he was free on bond for the first, thus requiring the sentences to be served consecutively. He asked, in his pro se motion, that the convictions be vacated and the indictments set for trial. However, at an evidentiary hearing, after counsel had been appointed, the defendant asked that he be resentenced in the two cases to consecutive terms. The trial court found that the manner of service of the sentences had not been a material component to the guilty pleas and resentenced the defendant, as requested, to consecutive terms for his two state convictions. The defendant then appealed, asserting that the trial court had erred in concluding that the manner of service of the sentences was not a material part of the guilty pleas and arguing that he was entitled to a new hearing on his motion. Following our review, we reverse the trial court’s order that the sentences be served consecutively and reinstate the original judgments for concurrent sentences.