State of Tennessee v. Charles Wayne Dalton - Concurring

Although I am compelled to agree with the majority’s conclusion affirming the denial of coram nobis relief, I write separately to elaborate on the conundrum the petitioner faces in this case.  It is significant to me that the petitioner was convicted by a jury of two counts of especially aggravated kidnapping and two counts of aggravated kidnapping.  The State, the defense, and the trial court stipulated that at the time of his guilty plea to other charges and waiver of his right to appeal his jury convictions, the petitioner was not advised that he would be required to register as a sex offender, see T.C.A. § 40-39-211(a), (c), and that the petitioner’s offenses did not involve an element of sex. Despite the parties’ efforts to rectify the inequity of placing the petitioner on the sexual offender registry, because the petitioner’s kidnapping related convictions automatically trigger the Tennessee Sex Offender Registry Act, they were constrained by statute to comply.