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Posted by: Landry Butler on Aug 15, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Cristy C. Cooper Davis, Greenfield, Tennessee, for the appellant, Montreal Lyons.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Kenya Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Montreal Lyons, appeals from the trial court’s dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Defendant contends that his sentence is illegal because the trial court imposed the sentence for offenses that occurred in 2002 under the 2005 amendments to the sentencing act without an ex post facto waiver signed by Defendant. The State responds that the trial court properly dismissed Defendant’s motion because he failed to state a colorable claim for relief. We agree with the State. Accordingly, we affirm the judgment of the trial court.