# FILED January 16, 1998 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT NASHVILLE MAY SESSION, 1997
WILLIELEE HENDERSON, ) C.C.A. NO. 01C01-9607- CR-00304 ) Appe llant, ) ) ) DAVIDSON COUNTY VS. ) ) HON. ANN LACY JOHNS STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Writ of Ha beas C orpus R elief)

FOR THE APPELLANT : FOR THE APPELLEE : WILLIE LEE HENDERSON ProSe JOHN KNOX WALKUP Special Needs Faci lity /Unit 10 Attorney Generaland Reporter 7575 CockrillBend Industri al Rd. Nashvill e, TN 37209-1057 MICH AEL J . FAHE Y, II Assistant Attorney General 450 James Robertson Parkway Nashvill e, TN 37243

ORDER FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L . SMI TH, J UDGE-2- 

## ORDER

On July 5, 199 5, Appellant, Willie Lee Henderson, filed a petitio n for a w rit of habea s corpu s in the D avidson Coun ty Crimina l Court. In Ja nuary of 1 9 96, the petition was d ismiss ed by th at cou rt withou t a hea ring. A ppella nt app eals from the tr ial court’s summary dismissalof his pet ition.

After a review of the re cord, w e affirm pursu ant to C rimin al Court of Appeals Rule 20.

In March of 1948, Appel lant was sentenced t o ninety -nine year s in the Tennessee Departmen t of Correc tions follow ing a con viction for m urder. In Octoberof 1974, his sen tence was c omm uted by Go vernor W infiel d Dunn. Appellant

wa s released on November 13, 1974 and placed on five years of supervisi on. In 1978, Appell ant was involve d in an incide nt whic h resu lted in h is being convicted of kidnapi ng with in tent to r ob , r obbery and cri minal sexual conduct in the f irst degr ee. As a resul t of theseconvicti ons , on September 17, 1979, Governor Lamar Al exander revoked Appellant’ s commutation.
Appellant

contends that the r

evocation of

his commutation occurred after the expirat ion of his originalsentence would have occurred had he remained imprisoned and good and honor ti me wer e taken into account. He argues that the trialcourt err

ed in refus ing to hol d an eviden tiary he aring o n this iss ue an d in dismissing hi s petiti on for lack of subject

matter jurisdict ion.-3- It is well settledthathabeas c orpus relief is available on ly when it appea rs on the face of the judg ment that a c onviction is void or whe n the petitioner's term of imprison ment h as expire d. Tenn . Code Ann. § 29-21-101; State v. Archer , 851 S.W .2d 15 7, 164 (Ten n. 199 3). In oth er wor ds, “the only relief that can be given a pri sone r in a state habea s corpus pro ceeding is relea se.” State v. Warren , 740 S.W.2d 427, 428 (T enn. C rim. App . 1986). In the matter sub judice , Appellant does

not contest

the validi ty of t he convicti ons for robber y, kidnapi ng and crimin al sexu al con duct. H abea s corp us relie f does not li e when the petiti oner is rightfully imprisoned un der a valid judgm ent and imme diate release is not an opt ion.
According ly, we affirm the tr ial co urt’s j udgment pursuant to Court of Criminal Appeal s Rule 20.

____________________________________ JERRY L . SMI TH, J UDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAY ES, J UDGE