STATE OF TENNESSEE v. PERRY MITCHELL KIRKMAN - Articles

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Posted by: Landry Butler on Jun 2, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Perry Mitchell Kirkman, Hartsville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; and Glenn Funk, District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Perry Mitchell Kirkman, pleaded guilty to two counts aggravated sexual battery in 2010 and received a fifteen-year sentence as a Range II offender. Six years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because his sentence exceeds the sentencing range for a Range I offender convicted of a Class B felony. The trial court summarily dismissed the motion after determining that the Defendant knowingly and voluntarily pleaded guilty and agreed to a sentence outside the appropriate sentencing range pursuant to Hicks v.State, 945 S.W.2d 706 (Tenn.1997). On appeal, the Defendant contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court.

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