Patrick E. Simpson v. State of Tennessee

The petitioner originally pled guilty, pursuant to a negotiated plea agreement, to two counts of aggravated assault for agreed sentences of three years on each count, to run concurrently with each other but consecutively to a parole violation. The petitioner over two years later filed a "Petition for Review of Sentence" with the trial court alleging the judgment form omitted mention of the agreed upon pretrial jail credits. The trial court dismissed the petition finding it was without jurisdiction since the petitioner was "serving his sentence with TDOC for his parole violation." The petitioner challenges this ruling in this appeal, and additionally alleges he is serving his sentence in the Department of Correction, rather than at the Davidson County Workhouse, in contravention of his written plea agreement. We dismiss the appeal.