JOSE A. RIVAS v. GERALD MCALLISTER, WARDEN - Articles

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Posted by: Amelia Ferrell Knisely on Mar 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Jose A. Rivas, Mountain City, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and Benjamin A. Ball, Senior Counsel, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

In 2005, the petitioner pled guilty as a career offender to two counts of facilitation of first degree murder, a Class A felony, and he was sentenced to serve an effective sentence of sixty years in prison. On May 22, 2015, the petitioner filed a petition for the writ of habeas corpus, asserting that the trial court lacked jurisdiction because, while his crimes took place in Hancock County, his guilty pleas were entered in Greene County. The trial court dismissed the petition, and the petitioner appeals. On review, we conclude that the judgments are facially valid, and we affirm the dismissal of the petition.

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