Robert Wayne McClanahan v. State of Tennessee

The petitioner, Robert Wayne McClanahan, appeals the denial of his petition for habeas corpus relief. He entered guilty pleas to three charges: burglary of an automobile, a Class E felony, and two counts of burglary of a building other than a habitation, both Class D felonies. He was sentenced as a Range I, standard offender to one year for the Class E felony in case number 3691, and to two years in case number 3693 for the Class D felony. He was sentenced as a Range II, multiple offender to six years for the Class D felony in case number 3795. These sentences were to run consecutively for an effective sentence of nine years. The petitioner claims he is on a suspended sentence and is being held improperly. We conclude that the judgments from which he appeals neither are void nor has his sentence expired. The record reveals that the petitioner is entitled to a hearing on whether he violated the provisions of drug court, thereby violating his conditions of probation. The judgment dismissing the petition for habeas corpus relief is affirmed, but we remand to the trial court for a hearing on the petitioner’s violation of probation in case number 3795.