State of Tennessee v. Cameron Buchanan

Excerpt

"The Movant," Cameron Buchanan, filed a "Motion to Vacate, Correct Clerical Error, and/or, otherwise Set Aside an Illegal Sentence" ("the motion"). The gist of the Movant's claim is that his fifteen-year sentence for especially aggravated kidnapping in case 98-09641 was ordered to be served concurrently, not consecutively, with his fifteenyear sentence for especially aggravated kidnapping in case 98-09629, and therefore, his effective sentence was twenty-five years, not thirty years. The trial court treated the motion as a Tennessee Rule of Criminal Procedure 36 motion to correct clerical mistakes in the judgments and summarily dismissed the motion finding "that there [we]re no clerical errors as alleged by [the Movant]." We determine that there are clerical errors in the judgments for cases 98-09635 through 98-09639 and case 98-09641. The errors in the judgments also correspond with the language of the "Negotiated Plea Agreement" forms for cases 98-09635 through 98-09639 and case 98-09641. Additionally, the trial court did not address the Movant's Tennessee Rule of Criminal Procedure 36.1 claim that his sentence was illegal. The judgment summarily dismissing the motion is reversed, and the case remanded for correction of the clerical errors, which may require appointment of counsel and a hearing, and for determination as to whether or not the motion stated a colorable claim under Rule 36.1.