State of Tennessee v. Stephen Richard Mayes

The Defendant, Stephen Richard Mayes, pleaded guilty to aggravated kidnapping, and the trial court entered the agreed out-of-range sentence of fifteen years of incarceration, to be served as a Range II offender. The Defendant filed a motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure, alleging that he was mentally incompetent at the time of sentencing, that he negotiated to be sentenced as a Range I offender and not a Range II offender, and that his sentence was illegal as it was out-of-range. The trial court summarily dismissed the motion, finding that he had not presented a colorable claim for relief because he had negotiated and agreed to an out-of-range sentence, which had not yet expired. On appeal, the Defendant maintains that his sentence is illegal. After review, we affirm the criminal court’s judgment.