State of Tennessee v. Johnvya T. Smith

Case Number
E2020-00409-CCA-R3-CD

The Defendant, Johnvya T. Smith, appeals from the trial court’s judgment granting him partial relief based on his 36.1 motion to correct an illegal sentence, arguing that the trial court should have allowed him to withdraw the guilty plea that resulted in the illegal sentence rather than merely amending the sentence. The State disagrees, arguing that the trial court appropriately denied the Defendant’s request to withdraw his guilty plea because the illegal aspect of his sentence was not a material component of the Defendant’s plea agreement. We agree with the State. Accordingly, we affirm the judgment of the trial court.

Authoring Judge
Judge Alan E. Glenn
Originating Judge
Judge Steven W. Sword
Case Name
State of Tennessee v. Johnvya T. Smith
Date Filed
Dissent or Concur
No
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