The Tennessee Court of Criminal Appeals has affirmed the denial of Marcus Anthony Pearson’s motion to correct an illegal sentence, upholding his total effective sentence of life plus twenty years for first-degree murder and attempted first-degree murder convictions.
In a decision released today, the appellate court, in an opinion delivered by Judge Kyle A. Hixson, ruled that Pearson’s sentence was not “illegal” and that the trial court properly denied his request for relief under Tennessee Rule of Criminal Procedure 36.1.
The ruling confirms that errors related to consecutive sentencing findings are considered “appealable errors” rather than “fatal errors” that would render a sentence void.
Consecutive Sentencing Challenge Rejected
Pearson, who was convicted in 2007 for events that took place in 2006, initially received a life sentence for first-degree murder (into which two felony murder convictions were merged) plus two twenty-year sentences for attempted first-degree murder, to be served consecutively, totaling life plus twenty years…