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Posted by: Landry Butler on Oct 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Rosalind Elizabeth Brown, Memphis, Tennessee, for the appellant, Julie Fuller-Cole.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Byron B. Winsett, Assistant District Attorney General, for the appellee, State of Tennessee.


In 2012, the Defendant, Julie Fuller-Cole, pleaded guilty in Shelby County to theft over $10,000. The trial court sentenced her to ten years of incarceration to run consecutively to a probation sentence from a prior Fayette County conviction. The Fayette County probation sentence was later revoked. In 2015, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence. The Defendant asserted that the Shelby County sentence was illegal because it was aligned consecutively to the Fayette County sentence and because the Fayette County sentence was not revoked until after she was sentenced in Shelby County. After a hearing, the trial court concluded that there was nothing illegal about the alignment of the sentences. On appeal, the Defendant maintains that her sentence is illegal and that the sentences should be run concurrently. After a review of the record and applicable law, we affirm the trial court’s judgment.