State of Tennessee v. Sterling Lamar Cooper, E2017-00232-CCA-R3-CD

Background

Sterling Lamar Cooper pleaded guilty in 2006 to multiple offenses and received an effective nine-year community corrections sentence in several Roane County cases.
On March 18, 2009, Cooper pleaded guilty to additional drug-sale offenses and the State recommended an effective 15-year sentence, to be served consecutive to his then-pending community corrections sentence, yielding an indicated "total effective sentence of 24 years."
The record contains plea forms and judgment language referring to a 24-year total, premised on an anticipated revocation of the nine-year community corrections term; no violation warrant or revocation order appears in the record.
Cooper filed a Rule 36.1 motion (and related pleadings) asserting his effective 24-year sentence was illegal because the nine-year community corrections term was never revoked and thus could not have been converted to confinement.
The trial court denied relief, concluded Cooper in fact benefited because the nine-year term expired (concurrent with the 2009 sentences) and he was serving only the 15-year term, and attempted to correct clerical references to "24 years." Those amended judgments were entered after Cooper filed a notice of appeal.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Cooper’s effective 24-year sentence is illegal because it included a nine-year community corrections term that was never revoked	The unrevoked nine-year CCP term could not be converted to confinement; including it made the 24-year sentence illegal	The judgments reflect Cooper is serving 15 years; the unrevoked nine-year term expired and therefore there is no illegal, unexpired sentence	Court held sentence is not illegal; Cooper actually benefits from no revocation and is serving 15 years; references to 24 years are clerical errors
Whether Rule 36.1 permits relief for an expired illegal sentence	The nine-year CCP portion was a material part of the plea; relief warranted if illegality was material to plea	Rule 36.1 does not authorize correction of expired illegal sentences; relief requires an unexpired illegal sentence or a judgment void on its face	Court held Rule 36.1 does not authorize correction of an expired sentence; Cooper’s claim fails because the nine-year term expired and the 15-year sentence is valid
Whether the trial court’s post-notice amended judgments correcting clerical errors are valid	Trial court’s amended judgments accurately eliminate erroneous references to the 24-year total	State argued trial court lost jurisdiction once appeal was filed	Court held the January 23, 2017 amended judgments entered after the notice of appeal are void; remanded for clerical corrections by the trial court
Whether Cooper could withdraw his plea because the alleged illegality was material to his plea agreement	Cooper claimed he would not have pleaded guilty if he knew the nine-year term had not been revoked	State argued Cooper must show a judgment void on its face to obtain Rule 36.1 relief; record shows only clerical error	Court treated the alleged error as clerical/anticipated mistake, not a fatal illegality; plea withdrawal not warranted under Rule 36.1

Key Cases Cited

State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (distinguishes clerical, appealable, and fatal sentencing errors; only fatal errors render a sentence illegal and void)
Cantrell v. Easterling, 346 S.W.3d 445 (Tenn. 2011) (framework for classifying sentencing errors and when sentences are void)
State v. Brown, 479 S.W.3d 200 (Tenn. 2015) (Rule 36.1 does not authorize correction of expired illegal sentences; procedures for colorable claims)
State v. Green, 106 S.W.3d 646 (Tenn. 2003) (trial court loses jurisdiction after filing of a notice of appeal)
State v. Pendergrass, 937 S.W.2d 834 (Tenn. 1996) (once appeal is filed jurisdiction vests in appellate court; trial court cannot amend judgment)