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Posted by: Landry Butler on Jun 20, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Senior Counsel; John Wesley Carney, Jr., District Attorney General; and Arthur Bieber, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

B. Nathan Hunt, Clarksville, Tennessee, for the appellee, Charles Bradford Stewart.

Judge(s): WOODALL

The State appeals from the post-conviction court’s grant of post-conviction relief to Petitioner, Charles Bradford Stewart. Petitioner was convicted of vehicular assault and originally sentenced to serve twelve years as a career offender, with split confinement of one year in jail and eleven years in community corrections. The State appealed the sentence on the basis that community corrections was erroneously granted. This court reversed and remanded. State v. Charles B. Stewart, No. M2010-01948-CCA-R3-CD, 2011 WL 4794942, at *1 and *3 (Tenn. Crim. App. Oct. 11, 2011). Upon remand the trial court sentenced Petitioner to serve the entirety of the twelve-year sentence by incarceration. This Court affirmed. State v. Stewart, 439 S.W.3d 906, 907-08 (Tenn. Crim. App. 2013). Petitioner timely filed, pro se, a petition for post-conviction relief. Counsel was appointed, and Petitioner subsequently filed a “corrected” petition. Following an evidentiary hearing, the post-conviction court granted relief. After review, we reverse the judgment of the post-conviction court and reinstate the judgment of conviction.