Background

• Antonio Clifton pled guilty to two separate Class C felony cocaine possession charges in 1998–1999, each carrying a three-year county workhouse sentence ordered to run concurrently.
• The second offense occurred while Clifton was allegedly released on bail for the first offense; Clifton later argued the sentences should have been consecutive under Tenn. Code Ann. § 40-20-111(b).
• Sixteen years later (March 10, 2015), while in federal custody, Clifton filed a Tennessee Rule of Criminal Procedure 36.1 motion seeking correction of the allegedly illegal concurrent sentences.
• The trial court appointed counsel, held a brief hearing, and denied the Rule 36.1 motion, concluding Clifton’s challenge sought correction of an expired sentence and thus failed to state a colorable claim.
• Clifton appealed, arguing Rule 36.1 allows correction of illegal sentences at any time and that illegal sentences cannot expire; the State and trial court relied on Tennessee Supreme Court precedent holding expired illegal sentences are not correctable under Rule 36.1.

Issues

Key Cases Cited

• State v. Brown, 479 S.W.3d 200 (Tenn. 2015) (Rule 36.1 does not authorize correction of expired illegal sentences)
• State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (interpreting scope of Rule 36.1 and relief for illegal sentences)
• Davis v. State, 313 S.W.3d 751 (Tenn. 2010) (concurrent sentence where statute requires consecutive is an illegal sentence)
• Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422 (Tenn. 2011) (lower courts bound by Tennessee Supreme Court precedent)