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Posted by: Landry Butler on Apr 2, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Misty Roberts, Henning, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and David H. Findley, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

In 1994, the Petitioner, Misty Roberts, pled guilty to four counts of aggravated rape and one count of aggravated kidnapping, and she received an effective sentence of thirty-three years. On August 23, 2017, the Petitioner filed a petition for the writ of habeas corpus, alleging that she remained in custody despite the expiration of her sentences and citing alleged errors in the calculation of her release eligibility and the award of pretrial behavior credits. The trial court dismissed the petition, concluding that the sentences were not expired. On appeal, we conclude that the trial court correctly determined that the Petitioner’s sentences were not expired, and we accordingly affirm the trial court’s denial of relief.