State of Tennessee v. Marcus Deangelo Lee

The Defendant, Marcus Deangelo Lee, pleaded guilty in 1997 to escape from felony incarceration, and the trial court sentenced him to one year and ordered that his sentence run consecutively to a three-year sentence the Defendant received for drug-related and firearm convictions in 1995. Since that time, the Defendant has been arrested and convicted on other charges unrelated to this case. Almost seventeen years later, the Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 with regard to jail credits for his 1997 felony escape conviction. The trial court summarily dismissed the motion, and the Defendant appeals. On appeal, he contends that the trial court erred when it summarily dismissed his motion because the trial court improperly amended his judgment to reflect 103 days of jail credit, which he argues resulted in his sentences running concurrently rather than consecutively as mandated by statute. We affirm the trial court’s judgment.