State of Tennessee v. Alonzo Fishback

A Rutherford County jury convicted the Defendant, Alonzo Fishback, of especially aggravated kidnapping, aggravated assault, and possession of a weapon during the commission of a felony, for which he was sentenced to a total effective sentence of seventy-five years. The Defendant appealed his convictions, and this court affirmed, and he then unsuccessfully sought post-conviction relief. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence was illegal because the proven facts of his case did not meet the necessary requirements to be convicted of especially aggravated kidnapping. The trial court denied this motion, stating that the Defendant’s claim was not colorable under Rule 36.1. The Defendant maintains his argument on appeal. After review, we affirm the judgment of the trial court.