(DOWNLOAD) "State Tennessee Ex Rel. Alonzo I. Stewart" by At Nashville Court Of Criminal Appeals Of Tennessee # eBook PDF Kindle ePub Free
eBook details
- Title: State Tennessee Ex Rel. Alonzo I. Stewart
- Author : At Nashville Court Of Criminal Appeals Of Tennessee
- Release Date : January 18, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The petitioner, Alonzo I. Stewart, appeals as of right from the dismissal of his petition for writ of habeas corpus by the
Davidson County Criminal Court. He is presently incarcerated by the Department of Correction, serving sentences totaling one
hundred thirty years. On March 18, 1983, the petitioner was sentenced to ten years for armed robbery. On December 13, 1983,
he was sentenced to forty years for each of five armed robbery convictions, three of which were ordered to be served consecutive
to each other and consecutive to the earlier conviction. In this appeal, the petitioner contends that his constitutional right
to equal protection under the law entitles him to the application of the 1989 Criminal Sentencing Reform Act so as to reduce
his sentence and allow his release. Also, he asserts that the legislature has mandated the application of the 1989 Sentencing
Act to his sentences so as to entitle him to immediate release. We disagree. The petitioner's position stems from the fact that the 1989 Act designates an armed robbery committed before November 1,
1989, as a Class B felony, T.C.A. § 40-35-118, for which a Range I offender is exposed to a range of punishment
of eight to twelve years. T.C.A. § 40-35-112(a)(2). His reasoning is that application of the 1989 Act would show
that he has presently served twelve years and is entitled to release.
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