State of Tennessee v. Timmy Herndon

In this pro se appeal the appellant, Timmy Herndon, is seeking review of the trial court’s order denying his “Motion to Rectify Clerical Mistakes Pursuant to Rule 36 of the Tennessee Rules of Criminal Procedure.” In that motion the appellant claims that, following his conviction of aggravated robbery, the pre-sentence report prepared prior to sentencing the appellant contained information regarding convictions which should have been “purged” from his criminal history because he had successfully completed some type of diversionary program for those offenses. As a result of this allegedly “improper” information, the appellant claims he was erroneously sentenced as a Range II multiple offender. In addition, he claims that the pre-sentence report with the “purged” convictions is interfering with the appellant’s ability to obtain a favorable security classification within the Department of Correction. The appellant wanted the trial court and now wants this Court to “rectify” the pre-sentence report to delete any reference to these “purged” convictions. We hold that under the circumstances presented, this Court has no jurisdiction to entertain a direct appeal from the denial of a motion filed pursuant to Tennessee Rule of Criminal Procedure 36, and that the circumstances do not warrant granting review by way of certiorari or habeas corpus.  Accordingly, the appeal is dismissed.