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Posted by: Landry Butler on Feb 20, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Terry Sanders, Nashville, Tennessee, pro se.

Attorneys 2:

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

Judge(s): HOLLOWAY

Terry Sanders, the Movant, filed a “Motion to Correct Illegal Sentence” pursuant Rule 36.1 of the Tennessee Rules of Criminal Procedure claiming that his sentence was illegal because the State failed to comply with the ten-day notice requirement of intent to seek enhanced punishment, the State intentionally filed an improper notice to interfere with the Movant’s due process rights, and the trial court erred in calculating his prior felony convictions and sentencing him as a career offender. The trial court found that the Movant failed to state a colorable claim and summarily dismissed the motion. We affirm.