IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
SHERMAN A. HENDERSON, )
)
Petitioner, ) C. C. A. NO. 02C01-9612-CC-00477
)
vs. ) LAKE COUNTY
)
BILLY COMPTON, WARDEN,
Respondent.
) No. 96-7428
)
)
FILED
May 29, 1997
Cecil Crowson, Jr.
ORDER Appellate C ourt Clerk
This matter is before the Court upon the state’s motion to dismiss the
above-captioned appeal. The petitioner filed a petition for writ of habeas corpus in the
trial court claiming that his sentence should be recalculated due to the denial of certain
sentencing credits. It appears the petitioner was originally convicted of first degree
murder and sentenced to life imprisonment in January, 1980. The trial court denied the
petition. The petitioner timely filed notice of appeal, and both the record and
petitioner’s brief have already been filed with this Court.
In its motion, the state argues that the trial court properly denied relief in
this case because it does not appear from the face of the judgment or record that the
petitioner’s conviction is void. See Archer v. State, 851 S.W.2d 157, 164 (Tenn. 1993).
The state further contends that the issue raised by the petitioner is not a proper
consideration for habeas corpus relief, but rather must be challenged under the Uniform
Administrative Procedures Act. We agree. See Brigham v. Lack, 755 S.W.2d 469, 471
(Tenn. Crim. App.), perm. to appeal denied, (Tenn. 1988); State v. Warren, 740 S.W.2d
427, 428 (Tenn. Crim. App. 1986), perm. to appeal denied, (Tenn. 1987).
Accordingly, finding no error of law mandating reversal, it is hereby
ORDERED that the judgment of the trial court is affirmed in accordance with Rule 20,
Rules of the Court of Criminal Appeals.
Enter, this the ___ day of May, 1997.
_____________________________
PAUL G. SUMMERS, JUDGE
_____________________________
JOE B. JONES, PRESIDING JUDGE
_____________________________
DAVID G. HAYES, JUDGE
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