IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
JUNE 1997 SESSION
August 15, 1997
Cecil W. Crowson
Appellate Court Clerk
AMOS CURTIS COPENY, ) No.01C01-9606-CR-00240
)
Appellee )
) DAVIDSON COUNTY
V. )
) HON. THOMAS H. SHRIVER,
STATE OF TENNESSEE, ) JUDGE
)
Appellant. ) (Habeas Corpus)
)
)
For the Appellant: For the Appellee:
Geoffrey Coston John Knox Walkup
2813 West End Avenue Attorney General and Reporter
Nashville, TN 37203
Daryl J. Brand
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
Pamela S. Anderson
Assistant District Attorney
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201
OPINION FILED: ___________________
AFFIRMED PURSUANT TO RULE 20
William M. Barker, Judge
OPINION
The appellant, Amos Curtis Copeny, appeals as of right the denial by the
Davidson County Criminal Court of his petition for a writ of habeas corpus. The
petition alleges that appellant is serving a sixty (60) year sentence as a career
offender for a 1991 second degree murder conviction. He argues in his petition that
the statutory sentencing scheme violates the separation of powers clause of the
Tennessee Constitution. See Tenn. Const. art. II, §§1 & 2. He also contends that the
sentencing statutes violate the prohibition against indeterminate sentences. See
Tenn. Code Ann. §40-35-211 (1990). We affirm the trial court’s denial of appellant’s
petition pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.
Permitting the judiciary to place offenders within legislatively-defined range
classifications which determine punishment and release eligibility does not violate the
separation of powers. Likewise, we cannot agree that the range classifications
coupled with release eligibility dates render an offender’s sentence indeterminate.
These very arguments advanced by appellant have been rejected by panels of this
Court on numerous occasions. See Kenneth Steele v. State, No. 01C01-9512-CC-
00409 (Tenn. Crim. App. at Nashville, April 30, 1997); Steve L. Bryant v. State, No.
01C01-9605-00190 (Tenn. Crim. App. at Nashville, April 24, 1997); William Lee Tollett
v. State, No. 01C01-9605-CR-00180 (Tenn. Crim. App. at Nashville, April 24, 1997);
Jackie Lee Childs v. State, No. 01C01-9604-CR-00164 (Tenn. Crim. App. at Nashville,
April 24, 1997); Eric C. Pendleton v. State, No. 01C01-9604-CR-00158 (Tenn. Crim.
App. at Nashville, February 12, 1997); Frank Bell v. Ricky Bell, Warden and State of
Tennessee, No. 01C01-9602-CR-00058 (Tenn. Crim. App. at Nashville, January 30,
1997), perm. to appeal denied (Tenn. 1997). See also Joe Thomas Baker, Jr. v.
State, No. 01C01-9604-CR-00129 (Tenn. Crim. App. at Nashville, February 20, 1997)
(rejecting argument on indeterminate sentences), perm. to appeal denied (Tenn.
1997); Terry Merrell v. State, No. 01C01-9604-CR-00147 (Tenn. Crim. App. at
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Nashville, February 20, 1997) (rejecting argument on indeterminate sentences).
Similarly, appellant’s arguments are without merit.
Finding that no error of law was committed by the trial court and that an opinion
would have no precedential value, the dismissal of appellant’s habeas corpus petition
is affirmed pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.
_______________________________
William M. Barker, Judge
CONCUR:
____________________________
Joe B. Jones, Presiding Judge
____________________________
Thomas T. Woodall, Judge
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