William Andrew Dixon v. Flora J. Holland, Warden and William Andrew Dixon v. Donal Campbell, Commissioner of TDOC

We granted review in these consolidated cases to determine (1) whether William Andrew Dixon’s sentence under Tenn. Code Ann. § 39-2603 (1975) is void and thus subject to habeas corpus relief; and (2) whether Tenn. Code Ann. § 41-21-236(c) (1997) applies to Dixon’s sentence. We hold that Dixon’s sentence is void and grant habeas corpus relief. We further hold that Dixon is entitled to any sentence reduction credits earned from 1988 until 1998. Our grant of habeas corpus relief pretermits the remaining issues raised by Dixon.1 Accordingly, the judgment of the Court of Criminal Appeals is reversed, and the case is remanded to the criminal court for proceedings consistent with this opinion. 2Both convictions stem from the abduction of Jodie Gaines in 1978. Dixon originally pled guilty to both counts in exchange for consecutive sentences of thirty-five ye ars for the kidnapping for ransom and five years for the commission of a felony by use of a firearm. Dixon’s guilty pleas were vacated during post-conviction relief proceedings, and he was then tried by a jury. 3Dixon received a sentence of five years for the commission of a felony by use of a firearm. This sentence, however, is not at issue in the present appeal. 4The Tennessee Department of Correction (TDOC) originally calculated Dixon’s sentence without parole. When the TDOC later computerized inmate records, Dixon’s sentence was inadvertently classified as life with possibility of parole. Section 41-21-236(c)(3) of the Tennessee Code Annotated provides that “[a]ny person who committed a felony . . . prior to December 11, 1985, may become eligible for the sentence reduction credits . . . by signing a written waiver waiving the right to serve the sentence under the law in effect at the time the crime was committed.” (1985). Because of the computer error, Dixon was perm itted to receive sentence reduction credits. -2- Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Criminal Appeals Reversed; Case Remanded.