State of Tennessee v. Robert Guerrero

The Defendant, Robert Guerrero, was convicted by a Maury County Circuit Court jury of two counts of first degree murder and nine counts of attempted first degree murder. See T.C.A. §§ 39-13-201 (2014), 39-13-202 (2014), 39-12-101 (2014). The trial court sentenced the Defendant to two consecutive life sentences and to nine consecutive fifteen-year sentences to be served consecutively to the life sentences, for an effective sentence of two life terms plus 135 years. Almost six years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because his life sentences requiring 100% service of sixty years’ confinement less sentencing credits up to 15% were tantamount to life sentences without the eligibility or possibility of parole. The trial court summarily dismissed the motion for failure to state a colorable claim. On appeal, he contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court.