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Posted by: Chandra Williams on Jul 22, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

David Reed, Henning, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner seeks habeas corpus relief, alleging that he is imprisoned despite the fact that his sentence has expired. The crux of the petitioner's argument is that his two-and- one-half-year sentence for burglary was to be served prior to his two-year sentence for vandalism and that the burglary sentence therefore expired prior to the time he violated his probation. He also disputes the award of sentencing credits. Because the face of the record shows that the petitioner's sentence for burglary was to be served after his sentence for vandalism and that the probationary period had not expired at the time of revocation, we conclude that the habeas corpus court properly dismissed the petition, and we affirm the judgment of the habeas corpus court.