State of Tennessee v. Terrell Lamont Reid, 620 S.W.3d 685

On June 24, 2015, Terrell Lamont Reid pleaded guilty to possession of cocaine with intent to sell (Class B) and possession of a firearm by a convicted felon; the firearm count was enhanced from a Class C to Class B under Tennessee’s criminal gang enhancement statute.
On July 15, 2015 the trial court entered judgments and sentenced Reid as a Range II multiple offender to concurrent 17-year terms, service at 35%.
On April 7, 2016 the Court of Criminal Appeals in State v. Bonds declared the criminal gang enhancement statute unconstitutional.
Reid did not file a timely post-conviction petition; instead, on January 14, 2019 he filed a pro se Rule 36.1 motion arguing his enhanced firearm sentence was illegal because it was imposed under the later-invalidated statute.
The trial court denied the Rule 36.1 motion; the Court of Criminal Appeals reversed, holding the application of an unconstitutional statute rendered the sentence void and therefore correctable under Rule 36.1.
The Tennessee Supreme Court granted review and reversed the Court of Criminal Appeals, holding the sentence was voidable (not void) and thus not an "illegal sentence" under Rule 36.1; the appropriate remedy would be a timely post-conviction petition.

Issue	Reid's Argument	State's Argument	Held
Whether a sentence imposed under a statute that was later declared unconstitutional is an "illegal sentence" under Tenn. R. Crim. P. 36.1 (i.e., void and correctable at any time)	Reid: Bonds retroactively voids the enhancement; application of an unconstitutional law renders the sentence void and therefore correctable under Rule 36.1	State: Statute was presumptively constitutional when sentence was imposed; such sentences are voidable, not void, and must be challenged via timely post-conviction relief	Court: Sentence is voidable, not void; Rule 36.1 does not provide relief — reversed CCA and reinstated trial court denial

Taylor v. State, 995 S.W.2d 78 (Tenn. 1999) (holding a sentence imposed under a statute in effect at sentencing is voidable, not void, merely because the statute is later declared unconstitutional)
Wooden v. State, 478 S.W.3d 585 (Tenn. 2015) (explaining Rule 36.1’s definition of "illegal sentence" is coextensive with habeas corpus principles and distinguishing clerical/appealable/fatal sentencing errors)
Bonds v. State, 502 S.W.3d 118 (Tenn. Crim. App. 2016) (intermediate appellate court decision declaring the criminal gang enhancement statute unconstitutional)
Minor v. State, 546 S.W.3d 59 (Tenn. 2018) (discussing the scope and application of the Bonds ruling)
Pickett v. State, 211 S.W.3d 696 (Tenn. 2007) (reiterating the presumption that statutes enacted by the General Assembly are constitutional)