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Posted by: Landry Butler on Aug 29, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Donnell V. Booker, Hartsville, Tennessee, Pro Se.

Attorneys 2:

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

Judge(s): THOMAS

The Petitioner, Donnell V. Booker, appeals as of right from the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that his eight-year sentence for Class B felony cocaine possession is illegal because it should have run consecutively to his prior sentences, rather than concurrently, as was agreed to in his plea agreement. Following our review, we affirm the trial court’s summary dismissal of the petition but do so on a different ground—the Petitioner has failed to show by a preponderance of the evidence that his sentence is illegal. See Mike Settle v. Ricky Bell, Warden, No. M2007-02743- COA-R3-CV, 2008 WL 4725599, at *1 (Tenn. Crim. App. Oct. 28, 2008) (affirming using similar procedure).