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Posted by: Landry Butler on Oct 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

George Prince Watkins, Memphis, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; James G. (Jerry) Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, George Prince Watkins, pleaded guilty to burglary in 1989 and was given a probationary sentence. The Defendant violated his probation, and while on bond for his probation violation, he committed four new offenses, to all of which he subsequently pleaded guilty. The trial court ordered concurrent sentencing for all of the convictions. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, contending that his sentence was illegal. The trial court summarily dismissed the motion, and the Defendant appealed. This Court held that the Defendant had presented a colorable claim and remanded the case to the trial court for Rule 36.1 proceedings. State v. George Prince Watkins, No. W2014-02393-CCA-R3-CD, 2015 WL 6145899, at *1 (Tenn. Crim. App., at Jackson, Oct. 15, 2015), no perm. app. filed. The Defendant moved forward with his Rule 36.1 motion, and the trial court again summarily dismissed the Defendant’s motion finding that he failed to state a colorable claim since his sentences were expired and citing State v. Brown, 479 S.W.3d 200, 211 (Tenn. 2015), which was released in December 2015. Based upon Brown, we affirm the trial court’s judgment.