All Content

Posted by: Landry Butler on Jun 27, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Elgain Ricky Wilson, Tiptonville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; and Glenn Funk, District Attorney General, for the appellee, State of Tennessee.


The Defendant, Elgain Ricky Wilson, pleaded guilty to first degree felony murder, armed robbery, and two counts of assault with the intent to commit armed robbery in 1984 and received an effective sentence of life imprisonment plus fifty years. Almost thirty-two 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 although the indictment alleged the murder victim was killed when the victim was being robbed, the evidence showed the murder victim was killed during the robbery of another person. As a result, the Defendant argued that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. The trial court summarily dismissed the motion after determining that the Defendant’s motion failed to state a colorable claim for relief because the motion was not based upon the imposition of an illegal sentence but rather upon insufficient evidence and the ineffective assistance of counsel. We affirm the judgment of the trial court.