State of Tennessee v. Frederick Dewayne Gross

The defendant, Frederick DeWayne Gross, filed a motion to correct illegal sentences under Tennessee Rule of Criminal Procedure 36.1, alleging that his sentences were improperly ordered to be served concurrently.  The trial court reviewed the motion and dismissed it without holding a hearing, having determined that the defendant did not present a colorable claim because there was no statute mandating consecutive sentencing in his case.  The defendant appeals the trial court’s dismissal.  Upon review, we conclude that the trial court did not err in dismissing the petition, and we affirm the judgment of the trial court.