State v. Dock Battles

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON

SEPTEM BER SESSION, 1997

DOCK BATTLES, )

FILED

C.C.A. NO. 02C01-9611-CR-00423 ) September 23, 1997 Appellant, )

) Cecil Crowson, Jr.

) SHELBY COUNTY Appellate C ourt Clerk VS. )

) HON. JOHN P. COLTON, JR.

STATE OF TENNESSEE, ) JUDGE )

Appellee. ) (Habeas Corpus)

ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF SHELBY COUNTY

FOR THE APPELLANT: FOR THE APPELLEE:

DOCK BATTLES, PRO SE JOHN KNOX W ALKUP MLRC, 6000 State Road Attorney General and Reporter Memphis, TN 38134 DEBORAH A. TULLIS

Assistant Attorney General 425 5th Avenue North

Nashville, TN 37243

JOHN W. PIEROTTI

District Attorney General

ALANDA HORNE

Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Street

Memphis, TN 38103

OPINION FILED ________________________ AFFIRMED PURSUANT TO RULE 20 DAVID H. WELLES, JUDGE

ORDER

The Appellant appeals as of right from the trial court’s dismissal of Appellant’s petition for habeas corpus relief. The trial court determined that the petition did not allege grounds which would warrant habeas corpus relief, and dismissed the petition without appointing counsel or conducting an evidentiary hearing. W e affirm the dism issal.

The petition alleges essentially that the sentencing court erroneously sentenced the Appellant and that he has not received appropriate credit for time he served while awaiting trial. Habeas corpus relief is available only if the judgment restraining the petitioner is void or the petitioner’s sentence has expired. The allegations contained in this petition, even if true, establish neither of these grounds.

W e conclude that the evidence does not preponderate against the finding of the trial judge and that no error of law requiring a reversal of the judgment is apparent on the record. Based upon a thorough reading of the record, the briefs of the parties, and the law governing the issues presented for review, the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

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DAVID H. WELLES, JUDGE

3

CONCUR:

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JOE B. JONES, PRESIDING JUDGE

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JOE G. RILEY, JUDGE