Brian Roberson v. State of Tennessee

The Petitioner, Brian Roberson, appeals the Williamson County Circuit Court’s denial of his petition for writ of habeas corpus.  The Petitioner previously entered guilty pleas to two counts of sale of cocaine (counts 1 and 3) and possession of cocaine (count 5).  On appeal, he argues that he is entitled to withdraw his guilty pleas because the illegal sentences in counts 1 and 3 were a material, bargained-for element of his plea agreement.  Upon review, we affirm the judgment of the habeas corpus court.  However, we remand this matter to the original court of conviction for entry of corrected judgments consistent with this opinion.