No. M2000-02473-CCA-R3-CD.Court of Criminal Appeals of Tennessee. at Nashville.
Filed July 9, 2001. Assigned on Briefs February 6, 2001.
Direct Appeal from the Circuit Court for Robertson County No. 99-0213 John H. Gasaway, III, Judge.
Remanded.
Gregory D. Smith, Clarksville, Tennessee, for appellee, Rocky Lane Wilkerson.
Paul G. Summers, Attorney General Reporter; Elizabeth T. Ryan, Assistant Attorney General; John Carney, District Attorney General and Dent Morriss, Assistant District Attorney, for appellee, State of Tennessee.
Jerry L. Smith, J., delivered the opinion of the court, in which Joseph M. Tipton, and Joe G. Riley, JJ., joined.
OPINION
JERRY L. SMITH, JUDGE
Factual Background
On separate dates in February of 1999, the defendant drove a vehicle on the public roadways of Robertson County in spite of having been declared a habitual traffic offender. As above-noted, he was charged with and pled guilty to these offenses. At a subsequent sentencing hearing the trial court announced “giving everything that I’ve alluded to, the Court believes that the proper sentence for each of these offenses is a year sentence and . . . that they should be served consecutively.” Yet the judgments indicate that the defendant received consecutive two-year sentences.[1] It is from these allegedly erroneous judgments that the defendant seeks relief.
Error in the Judgment Form
When analyzing situations involving conflicts between a judgment and a sentencing hearing transcript, caselaw provides that the transcript controls. See, e.g., State v. Moore, 814 S.W.2d 381, 383 (Tenn.Crim.App. 1991). The trial court in the instant case clearly stated that the defendant was to receive consecutive one year sentences. Through its brief the State agrees that the judgment is in error and should be corrected. We concur.
Conclusion
For the foregoing reasons we determine that the defendant’s allegation merits relief. Accordingly, we remand this case for the trial court to correct the respective judgments in order to reflect the consecutive one year sentences.