State of Tennessee v. Spencer Peterson
W2016-00787-CCA-R3-CD
| Tenn. Crim. App. | Mar 23, 2017Background
- In 2001 Spencer Peterson was indicted on 19 offenses across 13 indictments (including felony murder and related counts); the cases were consolidated for trial.
- He was convicted of second-degree murder (after convictions for first-degree counts were reduced) and multiple aggravated robbery counts; after merges the trial court imposed an effective sentence of 52 years, with consecutive sentences for murder and several robberies.
- Direct appeals affirmed the convictions and consecutive sentencing on remand; post-conviction and prior Rule 36.1 efforts were unsuccessful.
- Peterson filed a Rule 36.1 motion to correct an illegal sentence, arguing (1) second-degree murder is not a lesser-included offense of felony murder and (2) his arrest warrants were void, rendering his sentence illegal.
- The trial court summarily denied the motion as not stating a colorable claim under Rule 36.1, concluding the claims attacked convictions/procedure, not the legality of the sentences.
- The Court of Criminal Appeals affirmed, holding the motion did not state a colorable Rule 36.1 claim and both substantive arguments lacked merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Peterson stated a colorable claim under Tenn. R. Crim. P. 36.1 | Rule 36.1 allows correction of illegal sentences; Peterson claimed his sentence was illegal based on alleged defects in conviction/arrest | His motion alleged sentence illegality because (a) second-degree murder is not a lesser-included offense of felony murder and (b) arrest warrants were void | Denied — motion failed to state a colorable Rule 36.1 claim because claims attacked convictions/arrest, not that the sentence was unauthorized or directly contravened a statute |
| Whether second-degree murder is a lesser-included offense of felony murder | Peterson argued it was not a lesser-included offense (thus affecting validity of conviction/sentence) | State argued second-degree murder is a lesser-included offense under controlling law and statute | Denied — court held second-degree murder is a lesser-included offense of felony murder (citing precedent and Tenn. Code Ann.) |
| Whether defects in arrest warrants render sentence illegal | Peterson argued void arrest warrants invalidate his sentence | State argued indictment cures warrant defects; prior precedent forecloses challenge after indictment | Denied — arrest-warrant defects do not invalidate indictment or sentence; indictment cures those issues |
| Whether the trial court erred in summarily denying the motion without counsel/hearing | Peterson implied denial was improper procedure | State argued summary denial appropriate because no colorable claim | Denied — summary denial proper because motion did not present a colorable claim under Rule 36.1 |
Key Cases Cited
- State v. Ely, 48 S.W.3d 710 (Tenn. 2001) (holding second-degree murder and related offenses are lesser-included offenses of felony murder under Burns test)
- State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (defining "colorable claim" standard for Rule 36.1 motions)
- Jones v. State, 332 S.W.2d 662 (Tenn. 1960) (indictment returned by grand jury cures prior arrest or warrant defects)